*%;
THE LIBRARY OF THE
UNIVERSITY OF CALIFORNIA
DAVIS
LIBRARY
OT7
PRIMPIA OR BASIS
OF
SOCIAL SCIENCE
BEING A SURVEY OF THE SUBJECT FROM THE MORAL AND
THEOLOGICAL, YET LIBERAL AND PROGRESSIVE
STANDPOINT.
BY R. J. WRIGHT.
Second Edition, Crown 8vo., Cloth, Price, $2.00.
Published by J, B, LIPPINCOTT & CO,,
and '717 Market Street, Philadelphia.
The following notices of this work are selected from a larger
number that might be offered.
The Philadelphia u PUBLIC LED
GER" says,
" A work which is the result of an
evidently long and patient study of
Comte's, Carey's, Paley's, Spencer's,
Mulford's, Mill's, Guizot's, and Fou
rier's writings on cognate subjects,
although it differs essentially in
method and matter from all of them."
The Philadelphia "EVENING BUL
LETIN" says,
* * * " It is evidently a work of
immense labor, and of a good deal
of originality. But to give any idea
of its character would be difficult in
a newspaper notice, and we content
ourselves with calling attention to it
as a work that deserves examination
by all those who take an interest in
that very capacious and comprehen
sive branch of modern philosophy
which goes by the name of social
science."
cer, Mulford, J. S. Mill, and Fourier,
but is also the first of a series."
Der deutsche "PHILADELPHIA DEM-
OKRAT" sagt,
tl Dies Werk ist in seiner Art eine
No vita t in der Literatur der Social-
Wissenchaft. * * * Der Verfasser
sagt, dass man bisher die Social-
Wissenchaft, obgleich sie in ihrem
innersten Wesen ' Moral' sei, aus-
schliesslich den l Unglaubigen' und
den Socialisten liberlassen habe 5
dass er dagegen sein national-b'kono-
misches Werk im Interesse der offen-
barten und uberlieferten Religion
verfasst, es aber nichts destoweniger
von einem liberalen und progres-
siven Standpunkt aus geschrieben
habe. Die Quellen aus denen er am
Meisten geschopf't, und die Autoren,
deren Werke" [ausser den oben-
genannten,] "ervorzuchsweise seiner
Arbeit zu Grunde gelegt, fiihrt er in
der nachstehenden Reihenfolge auf,
namlich : die Bibel, Appletpns' En-
cyclopadie, Wheaton, Ruskin, Ten-
nison, Guizot, De Tocqueville, F.
/~* ci i i ; _ . -l TlT^i/^l^^U. .
The Philadelphia " PRESS" says,
il WQ cannot begin to give even the
briefest summary of a book which
not only differs in many points from
Comte, Carey, Paley, Herbert Spen- 1 Cooper, Schleiermacher, Me' Cosh:
NOTICES.
und NordhofFs Monographic der
Communisten Gemeinden in den Yer.
Staaten.
' Wenn auch von unentschieden
religiosen, und zwar christlichen
Standpunkt aus gesehrieben, halt
sich das Werk doch ganzlich frei
von Mysticismus, und es gipfelt das
System des Verfassers folgerichtig
in Communismus ; allerdings nicht
in dem von Cabot, und noch weniger
in dem der Pariser ' Commune,' son-
dern in einem durch ' Religion' und
'Moral' limitirten Communismus.
" Obwohl der Verfasser schwerlich
National-Oekonornen zu seiner neuen
Lehre bekehren wird, so ist sein
Werk immerhin interessant und ver-
dient gelesen zu werden."
TRANSLATION. The " PHILADELPHIA
GERMAN DEMOCRAT" says,
" This work is in its manner a
novelty in the literature of Social
Science. The author says that until
now Social Science, although moral
in its inmost nature, has been left
* * * to the infidels and Socialists ;
but that he, on the contrary, has
composed his national-economical
work in the interest of revealed and
traditional religion, but that, never
theless, he has written it from a
liberal and progressive standpoint.
The sources from which he has de
rived most, and the authors whose
works he has principally used as a
basis for his labor" [in a'ddition to
those above mentioned,] "he gives
in the following order, * * * namely,
the Bible, Appleton's Encyclopedia,
Wheaton, Ruskin, Tennyson, Guizot,
De Tocqueville, J. F. Cooper, Schlei-
ermacher, Mc'Cosh ; and NordhofTs
Monograph of the Communistic so
cieties of the United States.
" Though the work has been writ
ten from an undetermined" [or un
denominational] " religious, and,
certainly Christian standpoint, yet
it remains entirely free from mysti
cism ; and it logically crowns the
system of the author with Commun
ism ; to be sure not with the Com
munism of Cabot, and still less with
that of the Paris Commune, but with
a Communism limited by Religion
ai:d Morality.
" Though the author will scarcely
convert National-Economists to his
new doctrine, yet his work is never
theless interesting and deserves to
be read."
The Philadelphia " CHRISTIAN IN
STRUCTOR" says,
" This large and well-published
work is evidently the result of much
thought and labor on the part of the
author. It is an earnest discussion
of the whole subject of Social
Science, and while in many of his
views he is of the school of Cornte,
Fourier, Spencer, John S. Mill and
the like, he stands on far higher and
better ground every way, and gives
one of the most instructive and in
viting presentations of the subject,
and one of the least exceptionable
that has probably been laid before
the public. In preparing it he says
his earnest desire was to contribute
his mite towards theChristianization
of politics, the promotion of real
freedom and progress, and the im
provement of society. * * * While
however we say all this, we think
the book is one of the best of the
kind, and may well be read by any
who are interested in the subject of
which it treats."
The ''PRESBYTERIAN" of Philadel
phia says,
" This is a weighty book, not easily
read, and not easy satisfactorily to
notice. The writer believes in the
possibility of a ' Social Science,' but
differs in many respects from Comte,
Spencer, and other writers on the
subject. He believes in the scien
tific value cf Ethics, Metaphysics,
and Religion, which Comte declined
to consider parts of Positive Science.
He also believes in communism, but
not in a vulgar communism, but
communism placed on the basis of
Christian kindness and benevolence.
* * * The sayings of Jesus on the
mount and other of his discourses,
the writer thinks applicable only to
a Christian Commune, and in his
ideal commune, all these principles
are to be predominant."
"THE FRANKFORB HERALD" of Phil
adelphia says,
"Principia or Basis of Social
NOTICES.
Science. By Robert J. Wright of
Tac my. This volume, which bears
the imprint of Messrs. J. B. Lippin-
cott and Co., has the following dedi
cation : ' To the memory of my dear
departed sister, Josephine Amanda
Wright : by whose sell-sacrifice, unto
death, I was enabled to survive, and
to work, and to produce these and
other writings: this work is affec
tionately and reverently dedicated
by her living monument R. J. W.'
" The author reviews the works of
Comte, Carey, Paley, Spencer, Mul-
ford, Mill, Guizot, Fourier, and
others. He gives his object in pub
lishing this volume as follows."
I Then follows page vn from the book
itself.]
" THE FRANKFORD AND HOLMESBURG
GAZETTE'' says,
" We have received a copy of the
above interesting work. A hasty
glance over its neatly-printed pages,
reveals many new and perhaps
strange doctrinal points to us, but
are nevertheless based upon reason
able grounds, and are indicative of
the daep study and research of the
author. The lalter has subdivided
his work into five sections or books,
to wit: I. Summary Introduction to
Social Science ; II. The Precinct ,
III. The Nation; IV. Corporation;
V. Limited Communism. There, is
much in its pages to interest the
theorist, and we therefore ask for the
reading of the book, in order that its
true merits may be known. "
PROF. GEORGE ALLEN, of the Univer
sity of Pennsylvania, at Philadel
phia, says,
* * * u I was hardly less surprised
than gratified, by the presentation of
your remarkable work. Your book
so attractive in its table of contents,
and obviously upon the merest in
spection, so original in its treatment
of each topic, * * * has attracted me
* * * powerfully. * * * I have been
able to gratify my eager curiosity only
in part. I hope to do better for my
self soon. In the meanwhile allow
me to express my gratification at the
prominence you give to your firm
and full belie*f in Revelation, and at
the fairness and liberality with which
you speak of religious organizations
not your own * * *."
REV. D. C. MILLETT. D.D., of Phila
delphia, says,
" I have not read it through as yet,
but have gone far enough to appre-
c : ate its value, and hope some time
to talk it over with you in propria
persona."
REV. D. S. MILLER, D.D., of Phila
delphia, says,
li I am glad to hear of you as still
engaged in study and speculation
upon great themes. * * * I do not
doubt it to be the fruit of earnest la
bor and thought ; and the affection
ate dedication of it to the memory
of your dear departed sister, and my
friend, is very grateful to me."
REV. THOMAS MURPHY, D.D., of Phil
adelphia, says,
li I have derived a great deal of
informal -n from your book."
REV. Z. M. HUMPHREY, D.D., of Phil
adelphia, says,
" It bears the marks of most care
ful preparation, and I have no doubt
that it will prove of great value. ***
A more leisurely examination of
the work may call out a more ma
ture expression of opinion as to its
merits."
REV. ABEL C. THOMAS, of Philadel
phia, says,
" I hope to read your disquisition
with both eyes open. Confessedly
it will require close attention in the
perusal."
MRS. M. L. THOMAS, of Philadel
phia, says,
"Allow me to express the great
interest I have found in reading your
Principia. * * * Your views of the
great problems of human and divine
government are broad and many-
sided, and such as mark the profound
scholar and the earnest thinker.
Hoping that the \vorld you are striv
ing to enlighten may yet enter into
a comprehension of the eternal prin
ciples of truth as you present them,
I am," &c.
HENRY J. WILLIAMS, ESQ., of Phila
delphia, says,
" I thank you very sincerely for
the beautiful book. * * * I have not
NOTICES.
yet read it, but hope soon to do so ;
and will then transfer it to a public
library which I have established at
Chestnut Hill, where it will be pre
served safely."
EX-MAYOR ALEXANDER HENRY, of
Philadelphia, says,
"I * * ~ ;: ' shall take pleasure in its
perusal and judging from a glance
at its contents, doubt not that it vrill
a-7ord much valuable information."
D. W. SELLERS, ESQ., of Philadel
phia, says,
* * * " from the reading of which
during the coming fall I anticipate
pleasure and instruction."
JOHN B. COLAHAN, ESQ., of Phila
delphia, says,
* * * " from the perusal of which
I expect to derive much information
on the subjects treated ; * * * a val
uable addition doubtless to the
sources of knowledge."
JOHN D. LANKENAU, ESQ., of Phila
delphia, says,
"I am very much obliged to you
for the tender of your book on social
science. * * * My best acknowledg
ments for your courtesy. With the
greatest respect," &c.
WM. F. GUERNSEY, M.D., of Phila
delphia, says,
" I am pleased with your views
arguments and conclusions. All is
free from censure or egotism. I wish
it might be read by all. You have
my thanks for the volume : and
thanks for your labors in producing
so valuable a work."
H. J. DOUCET, M.D., of Philadel
phia, says,
" Allow me to congratulate you on
the completion of your great under
taking-: hoping that your health and
life may be preserved so that you
may be able to fulfil the promise * * *
I shall take the liberty at some fu
ture day to make some criticisms."
R. PATTERSON, ESQ., of Philadelphia,
says,
" I am sincerely thankful for your
sending me your work on Social Sci
ence, which I doubt not I shall read
with deep interest. Already I have
concluded a study of the special di
vision of ' Limited Communism,'
which I find full of suggestions and
originality in treatment."
M. W. WOODWARD, ESQ., of Phila
delphia, says,
II The dedication of it affords me
a very gratified remembrance of your
lovely but not forgotten sister."
CHARLES SANTEE, ESQ., of Philadel
phia, says,
II 1 doubt not it will amply repay
for all the time necessary to become
fully acquainted with its contents.
Tho dedication of it to your departed
sister has revived my recollection of
her faithful labors * * *."
ELLIS CLARK, ESQ., of Philadelphia,
says,
" I promise myself great pleasure
in a more thorough perusal."
The Pittsburgh "CHRISTIAN ADVO
CATE" says,
* * * go far as we know, the au
thor of the present volume is the
only man who has pretended to con
sider this science from a distinctively
Christian point of view. As the
Positivists have hitherto given it the
most attention, it has received a skep
tical turn. The author calls special
notice to his point of view. His vol
ume, the first of a series relating to
Social Science, contains five books,
entitled respectively, Introduction,
Precinct, Nat'on, Corporation, Lim
ited Communism. In it he has writ
ten for the people rather than for
philosophers, and has adopted a style
at once simple, direct and forcible.
There is little in it that an ordinarily
intelligent reader will not under
stand, and must understand before
he can see the causes of the compli
cations and corruptions of our politi
cal and social life."
The Pittsburgh " PRESBYTERIAN
BANNER" says,
"This is an elaborate work, evi
dently prepared by one earnestly
anxious to instruct his fellow-men
and do good to them. He grapples
with the most complicated problems
in social and political life, and sets
forth the remedy for many of our
present ills in a life which he himself
admits to be an ideal one. Much of
the reasoning is sound," * * *
NOTICES.
WM. E. BARBER, ESQ., Westchester,
Pa., says^
* * * il I have been impressed by
the perspicuity and systematic ar
rangement of its contents, and the
originality of your views upon the
topics discussed, and I am satisfied
that you have opened up veins of
thought which are fraught with re
sults of the highest importance to
the well-being of society. * * * I
earnestly trust that you will be
spared to continue your thoughtful
investigations * * *."
REV. PROF. JOSEPH STEVENS, Jersey
Shore , Pa., says,
* * * " Your elaborate work on
Social Science * * * I feel gratified
as the result of my examination, to
be able to commend your work
highly. It must have cost you much
time and labor; and the department
of science which it handles, being
comparatively new and undeveloped
must have rendered your task all the
more arduous. But you seem to
have accomplished your undertaking
thoroughly and well."
REV. A. A. LIVERMORE, D.D., Pres.
Meadville Theological School, Pa.,
says,
* " Your learned and elaborate
work Principia. * * * I am sure by
a look at its table of contents that
it will repay a careful examination."
PROF. J. H. DILLINGHAM, of Haver-
ford College, Pa., says,
" I much regret the long delay ap
parent in sending thee the acknowl
edgment of the receipt of thy very
interesting work. * * * I hope soon
to obtain time to read the work, con
nected as it is with my own depart
ment of instruction."
REV. W. F. P. NOBLE, Chester Co.,
Pa., says,
" I hasten to acknowledge your
noble book, * * * You thinkers
should publish minutes, like eccle
siastics, telling where you can be
found."
PROF. TRAIL GEREN, M.D., Lafay
ette College, Easton, Pa., says,
* * " I am glad to find so much
that points to a higher relationship
of the subject than I have seen in
the works of other writers on Social
Science. I shall have occasion to
return to it when I have more lei
sure."
REV. SELDEN J. COFFIN, Prof, of
Mathematics Lafayette College,
says,
* * * "A beautiful volume. Prin
cipia,' bearing your name so mod
estly on the title-page * * *. Dr.
Green and I were each touched by
the Dedication. You are to be con
gratulated on the serviceable com
pletion of so solid a piece of labor."
The "NEW YORK WORLD" says,
" The author of this remarkably
original treatise informs us in his
preface that among the * * * effects
of the great rebellion was the turn
ing of his attention to politics, and
the stimulation of his ambition to
promote the Christianization thereof
by producing ' a volume that could
safely be recommended to pious
young men.' He differs from Comte
in holding that ' metaphysics, ethics
and religion' are branches of a really
' positive philosophy ;' from Carey,
in subordinating mercantile or finan
cial to metaphysical considerations,
and in foreseeing dire consequences
from the increasing price of land
and the approaching over-population
of the world; Paley, whilst com
mendable for writing in the interests
of revealed religion, fails to give
sufficient weight to moral instincts ;
Spencer thinks too much of secular
science and not enough of religion ;
Mill ' takes too much the commer
cial view of everything,' and is l too
essentially English 5' Fourier alone
takes a wide enough scope, and even
he has adopted an ideal ' too high
for the common world, and too low
for the higher life.' Above physi
cists and statesmen, as teachers of
social science, are placed theologians,
and next to theologians are ranked
the various sorts of communists. ** *
His ideal is * * * Christian commu
nism in incomes, labors and general
life, doing to others perfectly as we
would be done by. * * * Human
society is divided into six component
units individual, family, social cir
cle, precinct, nation, and mankind ;
* * * nations should be split up into
6
NOTICES.
very small precincts, each of which
should have the utmost internal
liberty and self-government, only
being restrained by a praeterpluper-
fect national government from tres
passing on the equal liberty of other
precincts. Law and war are to be
replaced by arbitration and moral
suasion ; * * * and certain plentiful
commodities adopted as the media of
exchange. All these and many other
details are elaborated with an infi
nite amount of philosophical argu
mentation."
The New York "HEBREW LEADER"
says,
" J. B. Lippincott & Co., Phila
delphia, have just issued a valuable
work, entitled ' Principia ; or Basis
of Social Science.' * * * The author
has spent several years of profound
thought in the preparation of this
work, patiently investigating kin
dred subjects by such writers as
Comte, Carey, Paley, Spencer, Mul-
ford, Mill, Guizot, and Fourier, and
showing wherein he differs from
them."
The "LIBERAL CHRISTIAN," New
York, says,
(l On page 19 we are told that
1 Social Science maybe defined to be
the Philosophy of Politics -, 1 and on
page 20, that ' The science of society
is the science of the dispensations of
Providence.' Then on page 22 we
are asked to ' observe the rank and
grade of social science among the
four most general sciences, namely:
Theology ,Metaphy sics, Sociology and
Mathematics.' We regret that Mr.
Wright has not furnished a classi
fication of the sciences ; but he com
plains of want of space. * * t He
hopes ' that if the public cannot
tolerate these writings as a work of
science, they will, at any rate, toler
ate them as a kind of sermons to
politicians and statesmen/ So mote
it be."
REV. HENRY W. BELLOWS, D.D.,
New York, says,
I * # * h^ t have time in the
course of my vacation to look into
it. * * * I hope to receive instruc
tion from your book, and am grate
fully yours," &c.
CHARLES GOEPP, ESQ., New York,
says,
il You have grappled with the most
interesting of all subjects, collected
most valuable facts, and made close
research into recondite principles.
* * * I believe that the best grade
of German scholars would appreciate
your work as well as, if not better
than any English ones. * * * It
would translate well."
E. STEIGER, ESQ., New York, says,
" It is encouraging to see that the
momentous questions treated in your
book have still sufficient attractions
for superior minds in these material
days. I trust that the great labor
you have undergone in writing the
work will be duly appreciated by
the select and discriminating public
for whose information it was writ
ten."
The Brooklyn " NATIONAL MONITOR"
says,
" Social Science is yet in its in
fancy, and he who fosters it into
maturity, or searches out its essential
principia underlying the multiplicity
of defective social systems, and brings
them to the front, for foundation
stones' on which the ideal social
. system of nature and reason and
revelation may be reared, will ever
be remembered with gratitude by
society, and handed down to suc
ceeding generations as society's
greatest benefactor. * * *
" Not however for this renown
does the author of the elaborate work
before us seem to have written. His
Principia is the offspring of higher
motives. * * * Each book is appro
priately divided into chapters and
sections, thus taking up every dis
tinct theme in a separate chapter and
section, so as to afford easy reference
as a text-book on social science. * * *
Upon the whole, the author has
given to the public a book on social
science that will be to society a
strong push in the right direction."
REV. THOS. K. BEECHER, D.D., El-
mira, N. Y., says,
* * * "is not mistaken in suppos
ing me to be specially interested in
such lines of thought and observa
tion. From a reading of the first
NOTICES.
35 or 40 pp. I perceive already that I
you and I have many things in com- j
mon. My only hesitation is based j
on what may be called the inertia
of ignorance. When you and other
thinkers have solved the problem of
a perfect social order, you will then
have come only to where Jesus Christ
was Eighteen Hundred years ago,
* * * I assure you of my thanks * * *
for a work of such scope and Chris
tian wisdom."
REV. AUSTIN CRAIG, D.D., Pres.
Christian Biblical Institute, Stan-
fordville, N. Y., says,
* * * " Outwardly as well as in
wardly I find it a beautiful book. * * *
It is full of good thoughts worthily
expressed. * * * Your spirit seems
excellent every where ; and (I believe)
your work was (from the first) an
offering to God and man ; and so
may man receive it, and God follow
it with his blessing."
REV. PROF. C. W. NASSAU, D.D.,
Lawrenceville, N. J., says,
" You have my sincere good wishes
for success to a work which has cost
you so many years of patient labor.'.'
PROF. RyP. STEBBINS, D.D., Cornell
University, says,
"I shall read it during my vaca
tion. The table of contents gives
some very important topics."
REV.PETERB. llEROY,Bedford,N. Y.,
says,
11 1 was never more surprised than
to receive your valuable book. * * *
Jt must have been the work of your
life. I intend, as I have time from
my ministerial labors, to read it ;
and the more so as coming from the
heart and intellect of one so well
beloved in other days."
REV. CHARLES A. BECK, Milford,
N. J., says,
" I consider the subject as one of
the highest importance. * * * If
there are errors in treating it, still
we are to be thankful there is strug
gling toward the right. * * * I have
no doubt I will be deeply interested
in reading it."
REV. WM. H. PITTMAN, Hopewell,
N. /., says,
11 It is a book of great merit, a
valuable addition to American and
Christian literature : it is a book that
every minister and statesman ought
to have. * * * Every subject and
division is made plain."
The Boston " ZION HERALD" says,
u This volume * * * is a conscien
tious and thoughtful effort to solve
the problem of the best conditions
for man's social well-being. The
writer has read widely, and criticises
without hesitation the systems of
Comte, Spencer, Fourier, and J. S.
Mill. He illustrates freely his own
themes from the whole breadth of
social science literature. The out
come of all his thinking, large por
tions of which are very suggestive
and valuable. * * * The evident
sincerity, honesty, and hearty con
viction of the author constantly im
presses you ; * * * the book amply
repays the reading, by its wholesome
suggestions upon many subordinate
themes relating to social develop
ment, public health and morals, in
ternational intercourse, and the re
moval of the great evils that now
press upon society."
The "BOSTON GLOBE" says,
* * * " The author admits that
Herbert Spencer is the King of the
Social Scientists. * * * Fourier's
Ideal is said to be too high lor the
common world and too low for the
higher life; The author considers
that society is held together by and
happiness in it depends upon, Love
of the other sex, Acquaintanceship,
Material or business interests, Edu
cation, its interests and its literature,
Goodness, namely, doing justice to
others, and forbearance under injus
tice, real or apparent. There are
some excellent ideas in this volume.
* * * The book is well worth read
ing, though its advanced views will
hardly find acceptance among prac
tical statesmen."
The "BOSTON TRANSCRIPT" says,
* * * " In his preface the author
briefly compares the principal char
acteristics of his work with those
of Comte, Carey, Paley, Spencer,
Mulford, Mill, Guizot and Fourier,
stating wherein he differs from the
8
NOTICES.
theories advanced by them, and ac
knowledges his indebtedness for en
couragement and aid, to the Bible,
Appletons' Cyclopedia, Wheatonj
Kuskin, Tennyson, Guizot, De Toc-
queville, J.F. Cooper, Schleiermacher
and Me' Cosh, and to Ballou, Nord-
hoff and various writers, Catholic
and Protestant, on natural theology,
theism, communism, and the higher
life of the Individual Soul. * * *
Enough has been stated to show the
formidable nature of the task which
the author has undertaken. To ex
plain and illustrate his manner of
executing it would occupy columns
instead of paragraphs."
The Boston" LITERARY WORLD" says,
"A very formidable-looking vol
ume is R. J. Wright's ' Principia ; or
Basis of Social Science'. * * * To
ascertain by careful perusal the char
acter and purpose ot this work would
be a task of no little magnitude, and
to record one's discoveries would be
a still greater one. We despair of
conveying an adequate idea of the
contents of this ponderous volume,
and refer our readers to the book
itself."
The "BOSTON JOURNAL" says,
" The author * * * explains in his
preface the points on which he differs
from Comte, Carey, Paley, Spencer,
Mulford, Mill and Fourier. The last
named he regards as wide, rambling,
and almost wild in his analogies and
range of topics ; and the scope of the
other writers is too contracted. *
The author's purpose is to consider
in this volume the fundamental po
litical organic principles, which in
succeeding volumes he will apply to
the solution of various social and
political problems. The work is
plainly the product of sincere and
laborious thought, * * * it has a cer
tain freshness and earnestness of
statement which will incline the
reader to overlook its obvious faults.
* * * His sub-divisions are numer
ous, but well arranged and calculated
to assist the reader."
WENDELL PHILLIPS, ESQ., says,
" Your interesting looking volume
came yesterday. I have only time
now to scan its table of contents a
rich carte and I hope soon to find
leisure to test your arguments. Ac
cept my sincere thanks for the oppor
tunity. These are to be the questions
of the coming fifty years, and every
contribution to their discussion is
valuable, indeed, as you suggest,
the highest duty of a citizen."
MRS. JULIA WARD HOWE says,
" I am much obliged for the valu
able gift * * * your ' Principia.' The
perusal of the preface * * * has
shown me that its scope and object
are in sympathy with all that I most
reverence in the present, or desire for
the future. I intend to study your
work carefully * * * what appears
to me so well planned * * *".
REV. ADIN BALLOU, Hopedale, Mass.,
says,
* * # your a ble. instructive and
valuable work. It is freighted with
thought, knowledge and suggestion.
* * * I have read what little I con
veniently could of it since its receipt,
but not enough to criticise worthily
its manifold evolutions of data, much
less to master its system of prin
ciples, reasonings and conclusions."
The "LOUISVILLE COMMERCIAL" says,
# * * Of a work so elaborate as
this, written in such a spirit and
treating of such a large subject, we
prefer not to express a decided opin
ion without a more careful and
thorough examination than we have
been able to give it. * * * This
volume is designed to give the 'fun
damental political organic princi
ples.' * * * He has tried to write
such a book that all liberal-minded
people, whatever may be their reli
gious or political views, may read it
without pain or disturbance. * * *
A book written in such a spirit and
for such an object deserves careful
consideration, no less than its size.
* * * Whatever fate Mr. Wright's
theories may meet at the hands of
masters and competent critics in
social science, he has certainly pro
duced the most elaborate and high-
reaching and thoughtful work on his
subject that has appeared from an
American pen. He apologizes ^for
his style, * * * As a whole, it is a
valuable contribution to our political
NOTICES.
9
literature, and it would be a good
thing if others of our men of mind
and leisure would devote themselves
to such studies as those of Mr.
Wright, to which we owe this
volume."
The "CINCINNATI TIMES" says,
*** "A ponderous volume. * * *
We wish the author could have held |
himself until cold weather the book
is too big a job for us at the present
state of the thermometer."
The "CINCINNATI GAZETTE" says,
* " Mr. Wright * * * asserts * * *
that the progress of the human race
in the highest aims of life, is too un
certain of proof, to l)e made tho basis
of a positive science. He "" * * aims
to elevate politics from the low-
ground which they have occupied, in
our country especially, by pointing
out the great truths which lie at the
foundation of national existence.** *
We can only sketch the outlines of
the author's design, and call the at
tention of thoughtful readers to his
volume."
u HERALD OF GOSPEL LIBERTY," Day
ton, O.j says,
li A review of this book leads us
to commend in it these valuable
features : 1. The importance of the
general subject. 2. Its numerous
but appropriate subdivisions, em
bracing the whole field of Social
Science. * * * 3. The authors
thorough, steady, patient, and com
plete investigation of his theme.
4. His peculiar, natural, and acquired
talents for investigating and discuss
ing the subject, and for reducing it
to practical rules of Christian ethics.
5. The evolving from the metaphys
ical and the abstruse of his subject,
the simplest and most practical moral
rules in all social, civil, and religious
relations. 6. Such an arrangement
and relation of subjects, as well as
that full discussion and presentation
of all its features, as adapts the book
to a general want, and renders it of
great worth the book embracing
524 pages, and no repetition. Other
points deserve commendation, while
in a few things only is the work open
to criticism. * * * But, compared
with its many points of excellence,
these few features of criticism sink
almost from sight."
Contribution to " HERALD OF GOSPEL
LIBERTY
says,
" The subject of which the book
treats, * * * is at present command
ing the attention of the most thought
ful and studious minds of this and
other lands. * * * Wright has evi
dently devoted much careful and
patient study to the investigation of
the whole range of subjects embraced
in his theme, and has talents which
fit him in a peculiar manner for such
a work. From a cursory examina
tion of its pages, we are led to be
lieve that this book possesses merits
of a high order, and which should
create for it a wide demand. * * *."
D. E. MILLARD.
"THE INTERIOR," Chicago, says,
" The Principia is a voluminous
work on an immense subject. The
subject embraces all the relations
existing in society, and thus covers
the sciences of Law, Government,
Political Economy, and Moral
Science, with many other lines of
thought, which lie in the field of
Philosophy. The author pursues
the most of these more or less per
sistently, and always independently
of the recognized leaders, Mill,
Guizot, iPaley, Comte, Spencer, etc.,
and in combating all of them he
brings out a great variety of sugges
tions. Indeed the work under the
author's plan of treatment became
a kind of cyclopedia of social science.
* * * From this it will be seen that
the author is radical in his views
throughout. And yet it is just this
type of character whose work v s it is
most interesting, and in one sense
most profitable, to study. His de
votion to a theory, and the earnest
ness and zeal of his researches which
result from that devotion, give his
discussions the interest of novelty
as well as originality, often giving
the reader, by suggestion, an entirely
new view of an old subject. The
style is strong and compact, and the
work will be found a good invest
ment for the student of politics,
law, or any of the sciences included
under the-general subject."
10
NOTICES.
The u CHICAGO JOURNAL'' says,
* * * it The wr iter covers a great
deal of ground, giving a vast amount
of valuable information. * * * It
contains the elements of a good
book."
The Springfield " DAILY REPUBLI
CAN" says,
* * * "The quality of his culture
may be seen from his chapter on
theology as a prerequisite to the
study of social science. Among his
arguments to establish this relation
is the statement that ' of the eminent
men of the Christian world, a far
larger portion of them are found to
be the children of clergymen than
of any other professionals ;' also the
fact that the theologians, Ximenes,
Wolsey, Richelieu, Cranmer and
Talleyrand became the best and fore
most political statesmen of the world,
and that the statesmanship of Rome,
although clerical, ' is acknowledged
to be the most far-reaching in the
world.' "
The Chicago " TRIBUNE" says,
* * * " The arrangement * * * of
the contents is unique; so is the
style : so is the punctuation. * * *
He calls especial attention to it. The
following sentence, the end of the
preface, may serve as a fair example :
'And finally, borrowing an idea from
Paley, but revising it, we may say,
that we cannot see why, our having
done, however feebly, yet as well as
we were able, a work which seemed
to be very much needed, should
hinder any other person from doing
it as much better as he would choose
to.' "
REV. G. C. HECKMAN, D.D., Pres.
of Hanover College, Ind., says,
"Principia has just arrived. Many
thanks. I will read it with great
interest and care."
The St. Louis u GLOBE DEMOCRAT"
says,
" This is an able and comprehen
sive survey of social science, from a
moral and theological, and yet an
exceedingly liberal and progressive
stand-point. * * * ] ( rYes its volu
minous character, it is a deeply-
philosophical dissertation, and we
adopt the author's suggestion not to
judge it positively until it has been
carefully considered, * * * we are
inclined to look upon it as a valuable
addition to" the many valuable treat
ises which we already have upon the
engaging subject of social science."
Gov. C. C. CARPENTER of Iowa, says,
* * * ''So far as I have been able
to examine the book, I find it origi
nal in thought and style, and I be
lieve it will be calculated to promote
thought and investigation, and to
greatly increase an intelligent com
prehension of the special subjects
upon which it treats. I h( pe it may
be generally read by thinkers upon
social questions, and that you may
Have the pleasure of witnessing the
results of your study and labor in
the improvement of the social philo
sophy and practical methods of the
age."
PROF. DANIEL SCHINDLER, Prof, of
Metaphysics in Michigan Univer
sity, says,
* * * " I have not yet had time to
do more than run over the table of
contents, and here and there to open
and look at your book. I have seen
and read enough, however, to assure
me that your flow is individual, and
your discussion positive, and that
you have made genuine contribu
tions toward the solution of some
of the vexed problems of Social
Science. I shall take pleasure in
giving the Principia a careful perusal
during my vacation. * * * I hope
God may give you life and health to
complete the flood of work you have
marked out for yourself."
L. C. DRAPER, ESQ., Sec'y of the State
Hist. Soc. of Wisconsin, says,
" Our librarian has acknowledged
the receipt of your fine volume. We
are always glad to add such to our
library.***
"I have the honor to inform you
that at a meeting of the Exec. Com.
of the State Hist. Soc. of Wisconsin
held this day, you were unanimously
elected a corresponding member."
REV. GEORGE D. STEWART, D.D.,
Omaha, Neb., says,
"I think the book evinces much
NOTICES.
11
careful study and mastery of the
problems of sociology. * * * The
object and aim are worthy of your
self, and should commend themselves
to every man who lives and works
in the Christian spirit. * * * It is a
fine specimen of American book-
making as regards the mechanical
execution. It is good for tired or
strained eyes. The dedication is
very touching to all of us who know
the facts."
The Baltimore " METHODIST PROTEST
ANT'' says,
* * * " Anything like a faithful and
exhaustive notice of such a volume
would require the space of a quar
terly review. * * * The author, in
his preface, has outlined our labor
in a brief but clear dissection of its
contents. * * * In this volume he
gives only the fundamental political
organic principles. He professes to
write free from prejudice as to exist
ing parties, and to have prepared a
volume which can be safely recom
mended to pious young men and stu
dents for the ministry, who desire to
keep abreast with the age on this
subject. In this light especially, our
own examination of it leads us to
endorse the work as the most com
pact and yet comprehensive of the
science of which we have knowledge.
It should find a place in the library
of every minister who would culti
vate enlarged views of a thinking
period. It is most thorough in its
treatment. * * * It is a book for
study and reference, and a most val
uable addition to the discussion of
an eminently important subject."
The Baltimore "EPISCOPAL METHO
DIST" says,
* * * " It is philosophical in its
scope of thought and modes of in
quiry, and after giving the author's
definition of social science, endeavors
to show its relation to other sciences,
It proposes to carry into social sci
ence the same wide spirit of harmony
and generalization that Schleier-
macher carried into theology. Re
cognizing the Divine character and
renovating influence of Christian
truth, it proposes to bring its influ
ence to bear upon the political sys
tem of the world, and thus contribute
by its reflex bearings to the moral
regeneration of mankind."
The "BALTIMORE AMERICAN" says,
# * # u This volume is presented
to the public in the humble, but
earnest desire of being able to con
tribute his mite to the Christianiza-
tion of politics, the promotion of real
freedom and progress and the im
provement of society, firmly believ
ing that the promotion of freedom
and progress in this world is aid to
the salvation of souls in the next
world."
The " NEW ORLEANS BULLETIN" says,
" The author * * * offering his
work as a mite contributed towards
the promotion of real freedom and
progress, and the improvement of
society. He defines Social Science
as the ' Philosophy of Politics,'
and therefore specially worthy the
thoughtful consideration of Ameri
can citizens, to whom we therefore
commend the work."
The " LONDON SATURDAY REVIEW/'
England, says,
* * * <* -\y e [ m ve three works on
political science, none of them en
tirely without claim to attention.
Mr. R. J. Wright, in his Principia,
undertakes to reconstruct not merely
the basis of social science, but that
of political society itself. His politi
cal order is to be founded on the ag
gregation of a multitude of Precincts,
* * * with a population ranging from
that of a village to that of a moderate-
sized town. Each of these is to con
stitute itself, by force of spcial affini
ties and the attraction of like to like,
of families in the same state of moral
advancement, intellectual education,
refinement, and general social char
acter ; room is also to be made for
societies of special tenets and ten
dencies. * * * This is the basis
* * * : the general construction of
the edifice, the details of each suc
cessive enlargement of the self-gov
erning area and corresponding re
duction of the powers of government,
and the distribution of different func
tions among the different ruling
bodies, we must leave the reader to
study in the volume itself."
ADDITIONAL NOTICES.
HERBERT SPENCER, London,
Eng., saijs,
"I have to thank you for a copy
of your Principia, etc., brought over
by my friend Prof. Youmans. * * *
I am glad to see a work which,
though in some respects divergent
from my own views, is in others co
incident with them. All such efforts
to diffuse larger conceptions must be
beneficial."
T. W. HIGGINSON, Newport, R. L,
says,
" I have read with especial interest
that portion of it relating to the
organization of labor by association.
* * * Your book must represent a
great deal of study and work, and
you deserve much credit for putting
so much sincere labor into it, and
carrying it out so thoroughly."
The li PRINCETON REVIEW" says,
* * * Whatever success the
author may have attained or failed
of, * * * he has given out no second
hand or hackneyed views. His book
is the fruit of long observation, care
ful study and profound thinking. It
abounds in reasonings which are
original, often just and generally,
even when obnoxious to criticism,
highly suggestive.
* * * The au thor shows a breadth
and depth of view quite beyond that
of average specialists and writers on
it, or its different branches, in the
importance which he assigns to
theology, metaphysics, psychology,
ethics, in short all the mental sci
ences, as a needful propaedeutic for
mastering sociology. Here he is
toto ccelo above, as well as different
from, Comte, and the entire school
of positivists, sensualists and mate
rialists. * * * Mr. Wright justly
says : * The study of theology is the
scientific study of religion, and,
therefore, calls into exercise the
higher faculties of the mind. Hence,
it is one of the best preparations,
for earnest original study in any of
the sciences.' *'* * * * *
" The above quotations will be
found scattered, from pages 31 to
36, inclusive, and will suffice to give
a taste of the book, which may lead
some to a further examination of
12
it. While we highly value it, we
dissent from some of its positions.***
"We regret that the foregoing
notice, prepared for a previous num
ber, has been, by inadvertence, de
layed until now."
The " INDEPENDENT," New York,
says, <
* " The subdivision of topics
* * * is exceedingly minute. * * *
Mr. Wright "regards social science
as 'a kind of high politics.' He
makes it so high and at the same
time so comprehensive, as to embrace
nearly all the other sciences. * * *
Mr. Wright shows much reading on
the subject of which he treats and
large industry in collecting mate
rials, while he is scholarly and gen
erally lucid in his style."
The '" EVENING TELEGRAPH," Phila
delphia, says,
" An introduction to a new syste'm
of philosophy, which shall be dis
tinctively American and distinc
tively Christian. * * * A work like
Mr. Wright's, that is so full of care
fully-digested information on a large
number of important topics, can
scarcely be perused otherwise than
with profit. The topics discussed
* * * are all, or nearly all, of an
eminently practical character which
have a bearing upon the govern
mental problems which we are en
deavoring to solve in this country,
and as such they merit the attention
of those who desire to understand
and to perform with the best effect
all the duties of citizenship."
The "BANNER OF LIGHT," Boston,
says,
" Mr. Wright has in this large
volume shown himself the master
of all the schools, whose peculiari
ties he exposes in a full and fair
manner, desirous of nothing but
arriving at the truth. * * * How
faith fully he has done this can only
be learned from a studious perusal
of his volume, upon whose pages
are to be seen the proofs of patient
and well-directed thought and the
most painstaking investigation. * * *
To be welcomed by all such as are
in earnest rather for the truth than
for the support of any preconceived
NOTICES.
13
theory. The author, after all, pre
tends to have done no more than lay
down the principles of the science in
this volume, but in mastering them a
key is obtained to the whole subject."
The " CHRISTIAN ADVOCATE," New
York, says,
" This is the work of an author
with whom we have not heretofore
been acquainted which fact, how
ever should not be construed as proof
that he has been unknown. We
suspect that he is somewhat of a
solitary student, and much more
conversant with books than with
men. * * * In his religious philoso
phy he seems to be of the best Chris
tian type, and in his political phi
losophy he is purely and. broadly
American. * * * There need be no
hesitation, however, to say that it
contains a vast amount of valuable
materials, and to the intelligent
reader who looks beneath the sur
face of things it will prove provoca
tive of valuable thoughts."
The "PITTSBURGH COMMERCIAL"
" Very many will be surprised to
find this such a sensible work, judg
ing it by its title. * * * The unique
style, correctness and freshness of
statements, make the reader lose
sight of the mode of reasoning and
peculiar forms of thought. * * *
Without concurring in all the
author's opinions, we find much in
the work to admire, and particularly
the high tone and conscientious effort
to solve the problem of man's social
well-being."
The " CHRONICLE AND NEWS," Allen-
town, Pa., says,
" The work is one of advanced
ideas, the author differing materially
upon many points with writers upon
kindred subjects. The vexed prob
lems of social life are discussed so
honestly that the reader cannot fail
to be impressed with the writer's
earnestness in his expressed desire
to be able to help promote progress,
improve society and benefit man
kind. * * * We advise those inter
ested in the subject to read the book
itself, assuring them that it will well
repay perusal."
The " CHRISTIAN ERA," Boston, says,
" In the fullness of its table of
contents, * * * in the cyclopediac
range of its topics, embracing ' high
politics,' theology, metaphysics,
moral philosophy, political economy,
the science of government, the sci
ence of physical man, and miscella
neous topics relating to the develop
ment and progress of the race ; in
the minuteness of its sub-divisions,
* in the originality of its punc
tuation marks, * * * in the singu
larity of its syntax, * * * this ' Prin-
cipia' is not merely an imposing
and curious, but a ponderous and
unique book. As an illustration of
a peculiar method of literary work,
* * * it is the most extraordinary
volume we have ever encountered."
The "CHURCHMAN," New York,
says,
" At the first glance this seems an
imposing work. The size of the
book, the very title, and a glance at
the table of contents, filling nearly
twenty pages, and embracing almost
a cyclopedia of topics, impressed us
as only things of vastness can, and
we prepared ourselves for solid read
ing and close thinking. * * * We
venture to suggest whether princi
ples so very vague as those which
he proposes to make the basis of
Social Science, including theology
and morality, can be of much use in
preparing young men for the Min
istry. ' High Church, Low Church,
and no Church' are all the same to
him. * * * As to the work itself we
have little to say."
The "EPISCOPAL REGISTER," Phila
delphia, says,
"We do not feel ourselves pre
pared to enter into any full review
of this work. The author has made
his subject a study, and writes ia
the interest of religion."
Miss E. P. PEABODY, Cambridge,
Mass., says,
11 The book * * * is very interest
ing ; but I have not read it carefully
enough to speak of it worthily. * * *
A gentleman friend of mine has your
volume now STUDYING it. * * * He
says it is very interesting."
14
NOTICES.
JOHN JORDAN, JR., ESQ., /or the His
torical Society of Pa., says,
11 1 ain directed by the Society to
communicate to you their thanks
* * * for Principia. * * * We gladly
welcome * * * this exceedingly in
teresting work as an acquisition to
our collection. * * * We will be
happy to receive your visits here."
REV. J. F. GARRISON, Camden, N. J.,
says,
11 The subject is one of supreme
importance. * * * It concerns the
church even more than the state.
* * * One statement gives me much
assurance of a satisfactory discus
sion ; and that is your purpose to
make use of metaphysical consider
ations in settling your principia * * *
the right point of view from which
to approach the whole subject.'"
WM. WELSH, ESQ., Philada., says,
"Mr. Wright will please accept
my acknowledgments of his kind re
membrance of his old neighbor."*' 55 '*
" On the receipt of your Prin
cipia I hoped to get time to study it
carefully."
REV. T. J. SHEPHERD, D.D., Phila.,
says,
" I thank you very heartily for
the volume, and I should be glad,
when leisure offers, to read it. * * *
I will be happy to see you and to
express my acknowledgments in
person."
T. W. WORRELL, ESQ., Frankford,
Pa., says,
il I anticipate great pleasure as
well as profit in the reading/'
JOSEPH MOORE, Pres. Earlliam Col.,
Richmond, Ind., says,
* * * " A book which from what
I have observed thus far, promises
to be of great value in my profes
sion (teaching)."
E. F. STEWART, ESQ., Easton, Pa.,
says,
11 You seem to have taken a broader
and more philosophical view of the
subject than any of your predeces
sors or compeers."
REV. J. P. WATSON, Troy, O., says,
" I am truly grateful to you, and
have, so far, much enjoyed its exam
ination."
REV. J. E. NASSAU, D.D., Warsaw,
N. Y., says,
" A handsome volume, a sort of
thesaurus on Social Science. * * *
I am glad to see that the Alumni of
Lafayette are making their mark in
the literary and scientific world, as
well as in other avenues of useful
ness."
REV. 0. 0. WRIGHT, Fall River,
Mass., says,
li I have been studying it carefully,
that I might tell you what it is to
me. I find a deep interest and
much profit in it. * * * I feel that
it is calculated to do great good."
REV. J. D. NORMANDIE, Portsmouth,
N. H., says,
11 1 shall read it with much inter
est as soon as I can."
The "INQUIRER," London, England,
says,
" Writers on Sociology * * * may
be and frequently are very able and
accomplished men, like the author
of this volume. * * * Although * * *
perplexed * * * we have yet formed
a high opinion of the author as an
earnest and sincere thinker, ani
mated by a generous desire to correct
some of the miseries and evils of the
social state under the existing forms
of civilization. * * * The author
seems to have bestowed an immense
deal of labor on his work; * * *
but we doubt much if any one
knows or can know, within the com
pass of earthly life, all the elements
not even all the fundamental ones
that belong to * * * human so
ciety. * * * As for their number
they are just as likely to be six hun
dred as six. These inner mysteries
of human nature may be sneered at
by practical men as ' airy nothings,'
but without them none of the so-
called facts of life would have ' a
local habitation and a name.'
Our author * * * does not invest
his ideal communities with couleur
de rose and an atmosphere all bless
edness and joy. * * * Society needs
change, and society will have it in
time. * * * We hope such of our
readers as are interested in the sci
ence of Sociology will look into this
volume."
PRINCIPIA
OR
BASIS
OP
SOCIAL SCIENCE.
BEING A SURVEY OF THE SUBJECT FROM THE
MORAL AND THEOLOGICAL, YET LIBERAL
AND PROGRESSIVE STAND-POINT.
BY
R. J. WEIGHT
SECOND EDITION.
PHILADELPHIA:
J. B. LIPPINCOTT & CO.
1876.
Entered, according to Act of Congress, in the year 1875, by
R. J. WRIGHT,
In the Office of the Librarian of Congress at Washington.
DEDICATION.
TO THE MEMORY OF MY DEAR DEPARTED SISTER,
JOSEPHINE AMANDA WRIGHT:
BY WHOSE SELF-SACRIFICE, UNTO DEATH, I WAS ENABLED TO SURVIVE,
AND TO WORK, AND TO PRODUCE THESE AND OTHER WRITINGS:
(Tins loth is mftttxonaiclg anb SRcbmntln $pebitaitb
BY HER, LIVING MONUMENT,
R. J. W.
PREFACE.
FIRST. In presenting a new work on any subject, it seems
proper that the writer should commence his preface to it, by
pointing out wherein his work differs from, or is called for by,
the characteristics of other and abler works, already in the same
field. Therefore we will briefly compare the principal charac
teristics of ours, with such works.
From Comte we differ ; First. In adding metaphysics to his
merely physical sciences, and in maintaining the idea, that meta
physics, ethics, and religion, are branches of a really " positive
philosophy." Second. By denying that the progress of the
human race in the highest aims of life, is anything like so well
proved in history, as to be made the basis of a "Positive Science."
From Carey we differ; First. In making much more use
of metaphysical considerations, and less, of merely mercantile or
financial ones. "Second. In believing that the price of land is in
creasing with fearful rapidity, and bringing evils on earth, as yet
but little anticipated. Third. In admitting that the population
of the world is approaching, and will approach, a density that
will puzzle social science, morality, and religion, to provide
against the evils thereof. Fourth. Mr. Carey has too much
animosity, and is too bitter against England.
From Paley we differ, chiefly ; In our estimating the moral
instincts, as on a PAR with reasonings from expediency : and in
regard to views arising from the differences between monarchy
and democracy ; and about the pre-eminent value of the British
Constitution. But we agree with him particularly, in that our
work, like his, is written avowedly in the interests of revealed
or traditionary religion.
As to Spencer; we admit he is the King of the Social Scien
tists ; but think, First, that unless by his metaphysical argu
mentation, he does not differ from Comte so much as he appears
v i PREFACE.
to think he does : except that Comte was avowedly atheistic, but
Mr. Spencer is rather deistic. Mr. Spencer seems to work chiefly
in the interests of secular science ; but we work chiefly in the
interests of religion, and of scientific statesmanship. And our
work differs so much from his, in ideas, conclusions, methods,
classifications, and spirit, that we can only refer the reader to
the whole course of the works, respectively.
From Mulford we differ, chiefly; In objecting to the pre
dominance which he gives to the rights of Nation, over all the
other Elements of humanity, and of social science ; and object,
that his work has a less wide scope than either Fourier's, Comte's,
Spencer's, or Mill's.
With regard to J. S. Mill; He is a valuable writer, and we
often quote from him, as confirmatory proof, but he does not
allow enough for the demands of human feeling ; besides, he
takes too much of the commercial view of everything. Further
more; Mill is too essentially English, and European, in the
plans which he proposes, and in those which he opposes ; and
in the arguments which he adduces.
Guizofs " History of European Civilization" is a first class
work, and has been well abridged ; but its scope is only his
torical, and European ; and its form is not scientific, but rather
narrative.
None of these writers, except Fourier, takes a wide enough
scope. Comte and Spencer omit the true moral and theological
bearings. Paley omits the Physico-Scientific.
As to Fourier ; He is so wide in his analogies, and range of
topics, as to be almost wild in those respects. Besides, his IDEAL
is too high for the common world, and too low for the higher life ;
and requires a larger number of persons for a single " phalanx,"
than can easily be obtained for such experiments.
SECOND. The authors or works to whom this writer is most
indebted for encouragement and aid ; besides those above men
tioned, are, the Bible ; Appleton's Cyclopaedia ; Wheaton, Rus-
kin, Tennyson, Guyot, De Tocqueville, F. Cooper, Schleier-
macher, and M'Cosh ; also to Ballou, Nordhoff, " The Circular"
and other writers on Communism, and to the various works on
Natural Theology, Theism, etc.; and to various writers, Catho
lic and Protestant, on the higher life of the Individual-soul.
PREFACE. vil
And besides this general acknowledgment, the endeavor has
been made all along, to give the authorities and exact quota
tions, in their respective places. A general acknowledgment is
also due here, to a host of American historians, statesmen, and
commentators on the Constitution of the United States, whom
he has read and heard and admired from early boyhood.
THIRD. The writer's own aims in, and view of this volume,
may be stated as follows : Politics, which, previous to the Great
Rebellion, he had considered as, in this country, but little more
than party squabbles for place, and for words, rose up before
him, after the war, as the object to which he desired to devote
some of his best time and thought. And this volume is a part
of the results. It is one of a series, taking a survey of the sub
ject from the moral and theological, yet liberal and progressive
stand-point. The series has been several years under thought,
and in preparation. And this volume gives only the fundamen
tal political organic principles. The writer's scientific thoughts
are generally arranged as arguments for one and another of his
proposed ideals. Because an ideal is a theory. And, "not to
have an ideal higher than ourselves/ 7 or than our common insti
tutions, is to let ourselves and our institutions go downwards by
the gravitating force of inherent evils. Yet he has endeavored
to write in such a spirit, and to produce such a volume, that
all liberal-minded and liberal- hearted persons, might read it,
without pain or disturbance; either to their religious convic
tions, whether high-church, low-church, or no church : or to
their political feelings, whether Democrats, Republicans, or what
ever else they might be : and furthermore, a volume that could
safely be recommended to pious young men, especially to stu
dents for the ministry, who really desired to be useful, and to be
abreast of their age, on this subject. In that spirit he presents
the volume to the public, in the humble but earnest desire, of
being able to contribute his mite, towards the Christianization of
politics, the promotion of real freedom and progress, and the
improvement of society : firmly believing, that the promotion of
freedom and progress in this world, is aid to salvation of souls
in the next world.
Its method of discussion aims ,to be, by reverting constantly
to general fundamental principles, instead of to the passions or
yiii PREFACE.
prejudices of the day, or age, or country. It endeavors to see
the inside of its subjects impartially, and to harmonize contend
ing truths ; and on new, and American principles. It attempts
to carry into Social Science and Politics, the same wide spirit
of harmony and generalization, for the sake of conciliation, that
Schleiermacher so successfully carried into Theology.
' The work will sometimes have occasion to censure the faults
and sins of governments, of our own, as also of others. And
like all other rebukes to wrongs and evils, the more opposi
tion the censures meet, or the less welcome their reception is,
the more it would prove that they were really needed : At any
rate, the work is published from a sense of duty to God : and
bearing in mind Froebel's words, "come let us live for our
children."
FOURTH. As to the title, we call it " Principia or Basis of
Social Science," as referring, not to our treatment of the subject ;
but to the five great heads or topics here treated, and to their
.superior and more general relation to the several other topics,
which we propose to publish at some future time, in other
volumes, with other titles. Therefore, this volume needed some
appropriate title appended to the term Social Science, to dis
tinguish it from them. And, should the remaining volumes
of this series be published, they will be less abstract, and more
immediately practicable, than this one.
FIFTH. As to the Form and Style. The form of the book,
and of its Divisions and Sub-Divisions, has merely grown up
gradually out of the subject, and of the author's method of
studying it, namely, first analytically and inductively, and
afterwards synthetically and deductively.
As to the Style. The endeavor has been, to make it intelligible
and unequivocal, to thoughtful readers with a tolerably fair Eng
lish education, who are without much technical knowledge on the
subjects treated. But still it seems true, that a study which ranges
through most of the sciences, culling the gems, and extracting the
essence, from many of them, cannot be fully understood, until
after acquiring something, both of the general knowledge, and
of the general discipline of mind, that are acquired by those
studies. Moreover, for instance, Primers, or even early school-
books of any science, cannot be produced until after the principles
PREFACE.
IX
of the science become pretty well established ; so that then many
preparatory arguments may be dispensed with. To make a
work on this subject intelligible to all, would therefore be, to
make it, either, so primer-like, or so prolonged and diffuse, as to
cut it off from the sympathies and attentions of those who, in
reality, were most likely to study it. As to such matters, and in
the present early condition of Social Science, all works concern
ing it, ought to be compared, not with works on Chemistry, or
Astronomy, or even Moral Philosophy, or Political Economy ;
but rather, with works on Geology or Metaphysics.
For the defects of style ; and lack of thorough revision, both
previous to, and whilst going through the press, the writer must
beg the indulgence of the public, especially on the grounds of
advancing years, and of much enfeebled health.
As to the punctuation, IT is, generally, according to the au
thor's own rules ; and he therefore relieves all other persons from
responsibility for its general deviation from the ordinary customs
thereof. For, in his view, punctuation should be adapted to suit
readers, and students, rather than hurried reviewers ; and should
principally aim to give most of the pauses for reading, and for
making the meaning distinct and unequivocal, and, even obvious
to the unlearned; and especially so, in abstract writings; also
remembering that it is easier to remove punctuation marks from
stereotyped plates, than to insert them therein.
SIXTH. But after all, there may be deemed necessary, some
excuse for the writer's presuming to publish his work at all, on
such an exalted topic.
Well : He does not pretend to class this work, as at all on a
par with the works of the other great names already mentioned.
He does not claim any pre-eminent ability, but only, patient study
and laborious thought. Yet he remembers, that as Spencer him
self says, (Westminster Review, vol. 67, page 243): "In science,
as in life, every man, strong or weak, carries his burden but a
little way, and then gives place to a younger." And perhaps
this remark may apply even to the great names above mentioned,
as well as to others, as also to his own. However, he hopes that
his thoughts, at any rate, will at least serve as suggestions to
others, and that they will stimulate others to produce better and
more readable works on the subject, whilst also retaining sound-
x PREFACE.
ness in Morals and Theology. And he hopes also, that if the
public cannot tolerate these writings, as a work of science, they
will, at any rate, tolerate them as a kind of sermons to politi
cians and statesmen. And he is quite willing that no persons
other than those who are given to these kinds of studies, or who
desire to become so, will read his book at all.
The concluding words of one of Mr. Wheaton's prefaces, seem
appropriate here ; and are : " The knowledge of this science has,
consequently, been justly regarded as of the highest importance
to all who take an interest in political affairs. The Author
cherishes the hope that the following attempt to illustrate it, will
be received with indulgence, if not with favor, by those who know
the difficulties of the undertaking."
Accordingly, we ask critics to be indulgent, and to let the
volume have time to be clearly understood, consistently in its
various parts, before they extinguish it utterly. And finally ;
borrowing an idea from Paley, but revising it, we may say,
that, we cannot see why, our having done, however feebly, yet as
well as we were able, a work which seemed to be very much
needed, should hinder any other person from doing it as much
better as he would choose to.
TABLE OF CONTENTS.
BOOK I.
SUMMAET INTRODUCTION TO
SOCIAL SCIENCE.
PART I.
PRINCIPLES OF THE STUDY.
PAGE
Chap. I. In General 19
Chap. II. Definition of Social Science . . 19
Chap. III. Scope of Social Science . . .22
1. In General. 22
2. Locus of Intersection with the Other Sciences. 22
Chap. IV. Uses 23
1. Implied in its Definition and Scope . . 23
2. Magnitude of Civil and Political Evils . 23
3. Philosophical Basis Wanted . . . 25
4. Improvement of Humanity consistent with
Free-Will 26
5. Influence on Other Sciences . . .27
6. Summary of Uses 28
7. Modes of Influence 29
Chap. V. Preparatory Studies . . . .30
1. In General ; and Methods . . . .30
2. Theology . . _, . . . .30
3. Metaphysics 33
Chap. VI. Promoters and Teachers . . .34
1. Not the Classes generally supposed . .34
2. The Real Promoters . . . . .36
Chap. VII. Means and Data 38
1. Observation 38
jil TABLE OF CONTENTS.
PACK
2. Experiment 38
3. Modification of Expediency Doctrine . . 40
4. Return to First Principles . . . .41
5. Analogies of Natural Laws . . .43
6. The Tribe-Principle 43
7. The Type-Theory 43
8. Ideals 46
(a) Historical Ideals 46
(b) Prospective Ideals 47
9. Efficacy for Solution of Phenomena . . 48
Chap. VIII. The Method. Analytical . . . 48
Chap. IX. The Classifications . . . .50
1. The Classifications in General ... 50
2. Zoological Classifications . . . .51
(a) Zoological, By others . . . .51
(6) Zoological, By us 51
3. Abstract Ungeneric Classifications . . 52
4. Generic Classifications . . . .53
(a) Generic, By others . . . . .53
(6) Our Generic Classification . . . .54
(o) Some Higher Comparisons . . . .55
(d) Some Transcendental Analogies . . .56
5. Our Order of Publication . . . 57
PART II.
PRINCIPLES OF SOCIETY ITSELF.
Chap. I. Preliminary 58
Chap. II. Most General Social Laws . . 58
1. Differences of Degrees of Things . . 58
2. Analogies with Physical Laws . . .60
3. Metaphysical Operation of Social Laws . 61
4. Condensation of General Social Laws . . 62
Chap. III. Equilibrata of Society . . .64
1. Spontaneous Combining Powers . . .64
2. Spontaneous Quarreling Powers . . .66
3. Spontaneous Reactionary Powers . .66
4. Evils Balancing each other . . . .68
5. Equilibrity of Sentiments . . . .69
6. Calculus of Variations . . . .70
TA-BL.JB UJ? VJUJM JL-&1NJLO.
Xlll
PAGE
Chap. IV.
Constitution of Society
70
11.
Real Bonds of Society ....
70
2.
Tests of a Good Social Condition
72
(a)
General Tests . . . .
72
(6)
Tests in Morality . . . .
72
W
Tests in Fashions
73
W
Tests as to Labor . . . .
73
W
Tests as to Government ....
73
3.
The Spirit, Not the Form ....
74
4.
76
Chap. V.
The Doctrines of Progress. . *
76
1.
In General
76
$2.
77
o **
3.
Periods of Human Progress . * -,
79
4.
Progressions to be Homogeneous . . .
80
5.
Who the Coming Leaders will be
81
Chap. VI.
Theory of the Six Units . ..
82
11.
In General .... .,'" ...
82
2.
Origin of this Theory . . .
84
3.
Some Singular Sixes . . . . , *
85
4.
Combinations of the Six Units . .- .
87
(a)
Combinations in Concatenation . ;
87
(*)
Combinations in Solution . . ;-.
89
()
Analogy in Chemistry . . . .
89
w
Analogy in Geography
89
Chap. VII.
Balances of the Six Units . . *
91
11,
In General .... -. *
91
2.
Individual and Family as Types w . ;
92
3.
Resemblances to Gravitation . .
92
4.
Resemblances to Chemical Affinity .
93
5.
Natural History of Society . . *
95
Chap. VIII.
The Tribe-Principle .
97
It.
In General, and Classifications .
97
2,
Permanence of the Tribe-Principle
98
3.
Natural History of Tribe ....
98
4.
Mutual Relations of the Three Constituents
100
(a)
Balance of the Three Constituents
100
(&)
Corporation
101
(*)
Social Circle
B
101
XIV
TABLE OF CONTENTS.
(d) Precinct 103
Chap. IX. Balances of all the Elements of So
cial Science ...-.., 104
1. Balances of the Analytical Seven . . 104
(a) Law of Proportions of Power . . .104
(b) Natural Tendency to Over-Centralization . 104
(c) Fields of Physical and Metaphysical Power 106
(d) Different Elements represent different Eights 106
2. Balances of the Whole Fourteen . . 108
(a) In General 108
(6) Balancing Powers, to be Homogeneous . 109
(c) Delegation of Powers . . . .110
(d) Typicalness of the Series . . . .111
Chap. X. Arbitration-Juries .... 112
1. Indirect Balances in General . . .112
2. Arbitration 112
3. Juries in General 113
4. Classes of Society 113
5. Principles of the Methods. . . .115
Chap. XL Principles of Votes 115
1. Expression of Averages . . . .115
2. The Ideal Ballot ..... 116
(1) Ideal Ballot in General .... 116
(2) Ideal Ballot for Ideas . . . .118
Chap. XII. Principle of Currency . . . 118
Chap. XIII. Conclusion of Introduction . . 122
BOOK II.
THE PEEOINGT.
PART I.
GENERAL VIEW OF THE THEORY OF THE
PRECINCT.
Chap. I. Preface 125
Chap. II. Historical Statement . . .126
1. In General History 126
2. In United-States-History . . . .128
TABLE OF CONTENTS. xv
Chap. III. Relatio s to the Other Elements of PAGE
The Analytics . . . . . 131
1. Relations to the Six Units . . .131
2. Excess of Centralization . . . .134
Chap. IV. Abstract and Direct Statement . 137
1. In General 137
2. Adaptations 138
3. Resemblance to International Relations . 139
Chap. V. Theory of Amalgams .... 140
1. Description of Amalgams .... 140
2. Argument for Amalgams .... 141
Chap. VI. Comparison with"States"under the
Constitution of the United States 142
1. The Most Obvious Points . . . . 142
(a) In General .142
(b) Inter-Precinct Affairs . . . .143
(c) Affairs within the Precinct itself . . 146
(d) Temporary Restrictions . . . .147
2. Points of the Comparison, Needing further
Illustration . . . . . .148
(a) Commerce and the Legal Tender . .148
(b) Divorce 149
(c) Punishment of Crime . . . .152
(d) Division of Precincts . . . .152
(e) Rebellion of Precincts . . . .153
(/) Separation of National from Precinct Politics 155
Chap. VII. Statement and Determination of the
Size of Precincts .... 156
1. Conditions in General . . . .156
2. Conditions of Population .... 158
3. Conditions of Locality . . . .159
PART II.
SPECIAL ARGUMENTS FOR THE THEORY.
Chap. I. Preface .161
1. Classification of Theories . . . .161
2. Limits of the Special or Collateral Argu
ments .... 162
xv i TABLE OF CONTENTS.
PAGE
Chap. II. The Geographical Argument . . 163
1. Forms of the Continents . . . .163
2. Geographical Course of Civilization . .165
Chap. III. Analogies with Physical Nature . 167
1. Variety in God's Creation . . .167
2. From Homogeneity to Heterogeneity . .168
3. Concentration, versus Diffusion, of Power . 170
4. Sociological Experiment . . . .171
Chap. IY. Objects and Uses of "Law" . . 172
1. In General 172
2. Multitude and Minutiae of Affairs . .174
3. Competition in Government . . .176
Chap. V. Political Objects and Uses . . 176
1. In General 176
2. Corruption 177
3. Specialties 177
Chap. VI. Human Happiness .... 179
1. In General 179
2. Individual Liberty 180
Chap. VII. Human Nature 181
Chap. VIII. Morality and Religion . . .182
1. In General 182
2. Unity of Local Enterprises . . .183
3. Persecution 185
4. Scripture-Type, in the Hebrew Nation . 187
Chap. IX. Tribe-Relations 187
1. In General 187
2. Relations to Social Circle . . . .188
3. Relations to Races, Species, and Breeds . 190
Chap. X. Special Objections Answered . . 192
1. Intermingling, Useful in the Past . .192
2. Danger of Secession 194
3. Confederacy, or Nation? . . . .197
4. Objections from the Scriptures . . .198
Chap. XI. Mining Districts . . . .199
Chap. XII. Special Relations to "States" and
Large Cities 199
1. Federative Corporations . . . .199
(a) Classifications 199
TABLE OP CONTENTS.
(6) Rights of Precincts to form into Federative PAaE
Corporations 201
(c) Temporary Uses of " States" . . . 203
2. Cities equivalent to States, in Eights and
Responsibilities ..... 203
3. Special Needs in Large Cities . . .207
(a) In General 207
(6) Residences and Occupations, too far Apart 209
(c) Growth of Cities, too Rapid for Social Science 210
(d) Plan of treating "Fallen" Districts . .212
PART III.
CONCLUSION OF THE PRECINCT:
PARTIAL APPLICABILITY BY CHARTERS.
Chap. I. In General 214
Chap. II. By Charters from the Nation . . 215
Chap. III. By Charters from a "State'?: Pre
liminary Suggestions . . . 216
Chap. IV. The Constitution of the United
States, as a formal Basis for a
"State" . . . . . . 217
1. In General . . . . . .217
2. Exceptions 217
Chap. V. Simple and Direct Form of Charter
from a State . 219
BOOK III.
THE NATION.
PART I.
THE NATION AS A FUNDAMENTAL ELEMENT.
Chap. I. Preliminaries 220
Chap. II. Rights of the Nation, in Relation
to th.e Other Elements . . .223
1. Rights in General 223
2. Duties of Progress 229
3. Rights in Relation to Mankind . . .234
xv jii TABLE OF CONTENTS.
Chap. III. Eights in Relation to Confedera- PAGE
tions 236
1. Right to form Confederations . . . 236
2. Uses of Confederations . . . .239
Chap. IY. Contiguity, Physical and Metaphys
ical . . . . . . .241
Chap. Y. Definition of Nation . . .242
Chap. VI. Rebellions 247
Chap. VII. Birth and Size of Nations . . 248
1. In General 248
2. Conditions of Population and of Politics . 250
3. Conditions of Locality .... 251
4. Applications to the United States . .251
5. Provisions for Peaceful Subdivision . . 253
PART II.
INTERNATIONAL LAW.
Chap. I. Preliminaries of International Law 255
1. Classifications 255
2. Foundations 259
3. Sources 262
Chap. II. Most General International Laws . 265
1. Leagues 265
2. Treaties 265
3. Eminent Domain 269
4. Arbitration ,. 271
5. Naturalization (Indicated) . . . .271
6. Forms . 272
Chap. III. Affairs in Peace 272
1. Property in General 272
2. The "Tariff" ...'.. 273
3. The " Person/' in General . . .273
4. Specialties in Marriage and Divorce . . 275
5. Transgressors 277
Chap. IV. Affairs in War 280
1. In General 280
2. Relations to the Individuals of the Bel
ligerent Nations 281
3. Ways and Means of War .... 285
TABLE OF CONTENTS. x ix
4. The Rights of Neutrals according to Local- PAGK
ities . . . . . .288
(a) In General 288
(6) Affairs in the Locality of a Neutral . . 291
(c) Affairs in Common Localities . . . 293
Chap. V. Conclusion of International Law . 297
PART III.
THE DOCTRINE OF NATURALIZATION.
Chap. I. Classifications . . . . 297
Chap. II. Collective Naturalization . . 298
Chap. III. Individual Naturalization . . 300
1. The Rights of the Individual . . .300
2. The Rights of the Renounced Nation . . 301
3. The Rights of the Adoptive Nation . . 308
4. Personal Conditions . . . . .308
(a) In General 308
(b) As to Preventing Errors . . . . 308
(c) As to Proving or Producing Fitness . . 308
BOOK IV.
OOEPOEATIOK
Chap. (A) Preface to Corporation . . . 311
MAIN DIVISION I.
ARGUMENT FOR POLITICO-GOVERN-
MENTAL CORPORATIONS.
SUB-DIVISION I.
ANTICIPATIONS OF GOVERNMENTAL CORPORA-
T 1 N S.
Chap. I. Anticipations by Facts . . . 313
1. In Religion and Morals . . . .313
2. In Politics and Parties . . . .315
3. In Education 317
4. In Trade .318
5. Cosmopolitan and Migratory . . . 319
xx TABLE OF CONTENTS.
PAGE
Chap. II. Anticipations'by Writers . . 321
1. The Ancients, and the Idealists . . .321
2. The Modern Scientists . ... 322
(a) Spencer p. 322. (6) Guyot p. 324.
(c) Mill p. 324. (d) Carey p. 325.
(e) Comte p. 325. (/) Ballou p. 326.
(g) Blanchard p. 328. (A) French School
p. 329.
SUB-DIVISION II.
RIGHT OF GOVERNMENTAL CORPORATION.
Chap. I. Statement of Position . . . 330
Chap. II. Rights in General . . . .331
Chap. III. Rights of Naturalness . . .333
Chap. IV. Right of Individual Selection . 334
Chap. V. Rights of Conscience . . . 334
SUB-DIVISION III.
ADVANTAGES OF GOVERNMENTAL CORPORA
TIONS.
Chap. I. Advantages Common to Precinct
and Corporation . . . 336
1. In General 336
2. Recapitulation from the Precinct . . 336
3. Power to Resist the oppressive and central
izing tendencies of Modern Society . 338
Chap. II. AdvantagesPeculiar toCorporation 339
1. Analogies in Biology .... 339
2. Prevention of War 340
3. Inconceivable for Secession . . . 341
4. Self-Counteractions Inherent in all Volun
tary Combinations 341
5. Necessary Harmony of all the Parts of So
ciety 342
6. Culture of the Individual .... 342
7. The " De-facto" Argument . . .343
8. Classes most Needing Separate Political
Corporations 345
9. Comparison with Individuals, as Officials . 346
TABLE OF CONTENTS. xx j
SUB-DIVISION IV.
PKACTICABILITY OF GOVERNMENTAL CORPO
RATIONS.
PAGE
Chap. I. In General 347
Chap. II. Abstract Arguments .... 348
1. Ill-success of Local-governments, in other '
Businesses . . .... . 348
2. Intermingling, Not Confusion . . . 349
3. Ruskin's Specimen of Methods . . . 350
Chap. III. Analogous Complexities Successful 351
1. Analogy with Philadelphia .... 351
2. Analogy with the Roman Church . . 352
Chap. IV. Conclusion of Practicability . . 355
MAIN DIVISION II.
GENERAL SURVEY OF AI>L KINDS
OF CORPORATIONS, ACCORDING TO
THEIR SEVERAL NATURES.
SUB-DIVISION I.
RELATIONS TO THE OTHER ELEMENTS OF SO
CIAL SCIENCE.
Chap. I. Preface 356
Chap. II. Corporation an Element of Tribe . 359
Chap. III. Logical Relations .... 360
Chap. IV. Real Relations . . - . . . 361
Chap. V. Differences between Corporations
and Localities ... . . . 363
1. In their Nature ... . . 363
2. In their Operation 364
SUB-DIVISION II.
MISCELLANEOUS CORPORATIONS.
Chap. I. Classifications ..... 366
. 1. Blackstone's Classification .... 366
2. Our Preliminaries . 367
XX11
TABLE OF CONTENTS.
Chap. II. Corporations classifiable according
to Ten Mentionable Character- PAGE
istics 367
(A) Classification of the Characteristics . .367
1. As Related to "The Law" . . .369
2. As to Secrecy 370
3. As to Monopolization .... 371
4. As to Relations to Personal Intercourse . 371
5. As to the Relation of Membership, to Of
fice in them 372
(a) In General 372
(b) Partnership 373
(c) The Family . . . - . . .373
6. As to Objects in view . . . . 375
(a) The Physical 375
(b) The Metaphysical 382
7. As to their Nature : Simple or Compound . 383
8. As to the Means they may use . . . 383
9. As to their Relations to Locality . . 384
(a) Corporations Not embracing and governing
their Localities ..... 384
(b) Corporations Embracing and Governing
their Localities 387
10. As to Governmental and Political Functions 388
MAIN DIVISION III.
CORPORATIONS WITH POLITICO-GOV
ERNMENTAL FUNCTIONS.
SUB-DIVISION I.
PRELIMINARIES.
Chap. I. Classifications 389
1. Analytical Table of Politico-Governmental
Corporations 389
Chap. II. Definition 389
Chap. III. Governments should Select, rather
than Create, their Corporations . 390
Chap. IV. Promotions of Corporations . .^390
TABLE OF CONTENTS. xx ili
Chap. Y. Corporations to be Progressive with PAGJS
the Precinct 391
SUB-DIVISION II.
CORPORATIONS WIT II DERIVATIVE POLITICAL
FUNCTIONS.
Chap. I. Explanation 392
Chap. II. Corporations for Single Functions 392
1. In General 392
2. For Treatment of Criminals . . . 394
3. For Collection of Taxes . . . 396
4. For Police-and-Military Functions . . 396
5. For Civil-Executive Functions . . .397
6. For Judicial Functions . . . .397
7. For Deliberative Functions . . > 398
Chap. III. Corporations for General Functions 399
1. Classifications V 399
2. Uses , 400
3. Genesis . 400
SUB-DIVISION III.
CORPORATIONS WITH INHERENT POLITICAL
FUNCTIONS.
Chap. I. Nature of this Sub-Division . . 402
1. Justification of the Speculative, and the
Abstract 402
2. Relation to the Other Elements or Parts . 405
3. General Statement of the Theory . .406
4. Classifications ..... . 407
5. Methods of Political Expression . . 410
Chap. II. First Sub-Sub-Division: Corpo
rations based on Single Ideas . 411
1. Specimens of the Ideas . . . .411
2. Assumption of Fixed Localities . .412
3. Statement; with Fixed Localities . . 413
Chap. III. Second Sub-Sub-Division: Corpo
rations based on a Few Chief Com
binations of Ideas .... 414
1. Nature of this Sub-Sub-Division . .414
TABLE OF CONTENTS.
2. Probable Bases or Kinds of Classes ; namely, PA(tt
Occupations, Moralities and Politics . 415
(a) In General 415
(6) Statement of their Functions . . .418
3. Operation in " Law" .... 420
(a) The Units to Govern the Geography . . 420
(b) Corporations of Occupation, Not to Control
Property Out of the Occupation . . 420
(c) Disputed Jurisdiction . . . .421
4. Divine Morality, the Great General of All
the Bases 423
(a) Comte's Generality-Principle, with a New
Turn . . . . . . .423
(b) Scripture-Arguments .... 424
5. Operation in the Social Circle . . .425
6. Application, Concrete Instances . . 427
(a) The Churches 427
(b) The Communities 428
SUB-DIVISION IV.
PARTIAL ADOPTION, UNDER CONTRACTS AND
TRUSTS. 429
BOOK V.
LIMITED COMMUNISM.
MAIN DIVISION I.
NATURE OF COMMUNISM.
SUB-DIVISION I.
IDEA OF COMMUNISM.
Chap. I. Relation to our General Theory of
Social Science, and to the Other
Elements 433
Chap. II. Classifications 437
Chap. III. Ideals . 438
Chap. I Y. Necessity of Limitations. . . 439
TABLE OF CONTENTS.
SUB-DIVISION II.
XXV
FOUNDATIONS OF COMMUNISM. PAOT
Chap. I. Benevolence 444
Chap. II. The Conditional Mutual Prin
ciple 444
Chap. III. Relation to Co-operation . . 446
Chap. IV. Spiritual Rewards, instead of
Worldly ones .... 446
Chap. V. Union of high Moral and In
tellectual Conditions. . . 448
Chap. VI. Relation to Strict Righteous
ness, or Perfectionism . . 450
Chap. VII. Relation to Natural Theology . 452
Chap. VIII. Sympathy with the general Chris
tian Church 454
Chap. IX. The Non-forcing, Principle . . 456
Chap. X. Anti-war Principles . . . 456
Chap. XL Order, Discipline and Punish
ment ....... 457
Chap. XII. Resort to Law, and of holding
Political Offices . . .458
Chap. XIII. Fellowship of Truth . . .458
1. Confession 458
2. Information 459
3. Criticism 459
Chap. XIV. Honor 459
Chap. XV. Community-Occupations . . 460
Chap. XVI. Religious Exercises . . . 460
Chap. XVII. Communism of Labors and In
comes . . . . . . 462
1. Plan, in General . . . . . 462
2. Directors and Government . . .465
3. Property, Shares and Dividends . .466
Chap. XVIII. Relations of Family and Sex . 468
Chap. XIX. Manners and Customs . . . 470
Chap. XX. Industry 471
Chap. XXL The Dispositions and Sources of
Danger 471
Chap. XXII. The Self-Sacrifice Requisite . 472
xxv i TABLE OF CONTENTS.
MAIN DIVISION II.
THE COMMUNITY'S PRECAUTIONS AND
GUARDS AGAINST INDIVIDUALS.
SUB-DIVISION I.
WAYS AND METHODS OF PRECAUTION.
PAGE
Chap. I. In General . . . " , . .473
Chap. II. By Charter .473
Chap. III. Substitutes for Explicit Charters . 474
SUB-DIVISION II.
APPLICATION AND RECEPTION OF NEW MEM
BERS.
Chap. I. Preparatory Steps towards Mem
bership 475
Chap. II. Probationary Residence and Life-
Experience 476
Chap. III. Affirmations, Oaths and Covenants 477
Chap. IV. Actual Initiation . . . .477
Chap. V. Discernment of Character . . 478
Chap. VI. Instruction Needed concerning
Communism ..... 478
Chap. VII. Summary of Precautions, . . . 479
SUB-DIVISION III.
GENERAL TESTS AND QUALIFICATIONS.
Chap. I. Choice Combinations of Virtues . 479
1. Harmony of Kindness and Truth . .479
2. Doing to and Expecting from Others, as
We would They should Do, as to Us . 480
3. Attention to Inward Character, together
with the Outward ..'... 480
4. Combination of Purity and Humility . 480
5. Intellectual Appreciation and Affection,
both Needed 480
6. Attachment to the Spirit, and Detachment
from the Form 481
7. Solitude and Sociability . . . .481
TABLE OF CONTENTS. XXvii
PAGE
Chap. II. Disconnected Tests . . . .481
1. Insincerity purged by Secession, in Com
munism ...... 481
2. Freedom from Selfish* Prejudices . . 482
3. Virtuous Habits, Independently of seeking
Communism 482
4. Continual Aim for Individual-Improve
ment in All Things . . . .482
5. Personal Compatibility .... 482
6. Obedience 483
7. Contentment 483
8. Living according to Utility . . .483
9. Doing Unpleasant Duties .... 484
10. Purity of Bodily Health . . . .484
11. Applicants to Agree with the Proposed So
ciety, more than with Any Other . . 484
12. Tests should be Stringent in Proportion to
Intellect of Applicant .... 484
Chap. III. Of Special Tests . . . . . 485
Chap. IV. Practical Simplicity Coming out of
this Multiplicity . . . .485
MAIN DIVISION III.
THE INDIVIDUAL'S GUARDS AND PRO
TECTION AGAINST THE COMMUNE.
SUB-DIVISION I.
FROM THE COMMUNE AS A SOCIETY.
Chap. I. General Application to this Use, of
all the Foregoing Treatise . . 487
SUB-DIVISION II.
PROTECTION OF THE INDIVIDUAL MEMBERS
FROM THE RULERS AND OFFICERS, AS PER-
SONS.
Chap. I. Each of the different Powers should
have its Share of Officers . . 488
Chap. II. Officers should be superior in the
Special Virtues . . . .488
xxviii TABLE OF CONTENTS.
Chap. III. The Government of the Officers PAOB
should be Virtual, before it is
Formal 488
Chap. IV. General List of the Virtues re
quired ...... 489
Chap. V. Knowledge of Social Science . . 469
Chap. VI. Officers should be talented in Se
lecting New Members . . . 489
Chap. VII. The Era Producing the Best Lead
ers has Not Yet come . . . 90
MAIN DIVISION IV.
USES, INCLUDING ARGUMENTS AND
STATISTICS, OF COMMUNISM.
SUB-DIVISION I.
ARGUMENTS FROM SCRIPTURE.
Chap. I. Teachings in Scripture . . . 491
Chap. II. Practices in Scripture . . . 493
Chap. III. Scriptural Limitations . . . 494
Chap. IV. Theory of 1 Timothy chap. v. . . 496
Chap. V. Relations to Celibacy . . . 499
1. On General Principles .... 499
2. On Scripture Grounds . . . .502
SUB-DIVISION II.
ARGUMENTS FROM THE UTILITIES OF COM-
MUNISM.
Chap. I. Its Good Tendencies in general . 505
Chap. II. Regeneration of Labor and Study . 507
Chap. III. Practicability 509
Chap. IV. Anticipations in History . . 511
Chap. V. The Semi-recluse Life needed for
the Higher Spiritual Attain
ments 511
Chap. .VL Need of Release for Christians,
from Political Governments . 513
Chap. VII. The Kinds of Persons nearly ready 514
TABLE OF CONTENTS.
SUB-DIVISION III.
STATISTICS.
Chap. I. A Selection of Communes that have PA01S
Dissolved, in the United States . 516
Chap. II. Of Successful Communes, in Gen
eral . 516
Chap. III. Catholic Communities in the Uni
ted States 517
Chap. IV. Protestant Communities in the
United States, without Regular
Marriage . . .* . . . 517
1. The German Seventh-Day Baptist Monastic
Society. -. .: V ; Y .' 517
2. The Shaker Societies . . . V . 518
3. The New Harmony Society . . .519
4. The Oneida Community . . . , 519
Chap. V. Communities in the United States
with Regular Marriage. , . ^ 520
1. The Icaria Association . . . .- . 520
2. The Bethel and Aurora Communities . 521
3. The Zoar Separatists 7 Community . ; 521
4. The Amana Inspirationists' Community . 522
5. The Brocton Community . . . ..522
6. Conclusion . . .. . . 523
BOOK I.
SUMMAET INTRODUCTION.
PART I.
PRINCIPLES OF THE STUDY.
CHAP. I. IN GENERAL.
THIS article (namely " Book I.") proposes to give the theory
of Social Science in its Universal Principles. These principles
(or laws) of Social Science, may be divided into two sorts. One
sort relates to the progress of the SCIENCE ; and the other sort
relates to the movements of SOCIETY itself. Accordingly, this
Summary Introduction is divided into two parts ; corresponding
to those two sorts of laws. It proposes, in its first part, to con
sider the nature and laws of Social Science as a STUDY : and
then, in its secon ! part, endeavors to point out some of the
fundamental and spontaneous powers and principles of society
itself. And in this second part, the Introduction proposes to
touch only the formulae and laws, which are too general for any
other position in the science : because all the remainder of our
books on this subject, will be devoted to the FURTHER elucidation
of those objective principles of SOCIETY. But as to the laws of
the STUDY, we shall but seldom ever refer to them again, after
we shall have passed through the first part of this Introduction.
CHAP. II. DEFINITION OF SOCIAL SCIENCE.
focial Science may be defined to be the Philosophy of Poli
tics. It is a kind of high-politics, and ought therefore to be in
the front rank of the sciences for Americans ; yet, from its rela
tion to morals and metaphysics and class prejudices, it cannot
be studied with the same degree of disregard of subjective and
personal feelings and notions, with which other sciences may be
pursued. In this respect it is like its kindred studies history
i9
20 BK. I. SUMMARY INTRODUCTION. I. II.
and theology. Hence, more than in any other study, the animus
of the writer must be borne in mind, and be duly allowed for.
Social Science is moral in its very nature ; although hitherto it
seems to have been abandoned to the " infidels" and the socialists.
The fundamental conception of Comte's work, after eliminating
its atheism, is a conception at once not only of the highest gen
eralization, but also of deepest insight. It is the conception that
Social Science comes in place of an obsolete ecclesiastical and
metaphysical positive theology, and tends to produce a new
intellectual hierarchy. This conception arises from the insight,
that just as Social Science is now practically the most general
and the most all-embracing of the sciences, including even
theology and religion itself; so, in the preceding ages, theology
had been the i ost general of them all. Hence it was, that it
had absorbed the greatest and best minds of the Middle Ages :
and hence too it was, that the churchmen of those days were
the greatest statesmen, and that the statesmen of the Roman
Chur !) are seldom surpassed, even at this late day. And our
Bolingbroke calls religion "The First Philosophy," which is
true in more senses than he meant it.
But in assenting to Comte's assertion, that Social Science
comes in place of an obsolete metaphysical theology, we are to
be understood, as only referring to their functions in the or
ganization of church and of state; but not at all as referring to
their functions in the contemplation of religion by the Individual.
The science of society is the science of the dispensations of
Providence. Because, so far as Providence is only general, and
is fulfilled by regular laws, and in the order of cause and effect,
so far it must be fulfilled by the progress and laws of society, as
much as it is fulfilled in this life at all. This is the same thing
in effect, as to say that Sociology is the study of the laws of
Providence. All history and all Social Science abound with
facts illustrative of this idea. And yet, most religious people
seem to think, that Providence will take care of things so well
that there is no se for Social Science ; yet one of the very ways
whereby Providence docs take care of things, is by the teaching
of examples. And these examples, it is the specia' business of
Social Science to study and to classify. And some religionists
even fling the insinuation against Social Scientists, that they are
DEFINITION OF SOCIAL SCIENCE. 21
trying to " help God govern the world." But the same objec
tion lies equally strong, against the followers of every science
which has for its direct object to benefit man; and especially
against doctors of medicine. And the objection lies much
stronger against theologians and churchmen, that THEY are
trying to help God govern the world. Yet St. Paul expressly
says, "We are laborers together with God." (1 Cor. iii. 9, and
2 Cor. vi. 1.) And the fact is, that everybody, so far as he uses
his faculties aright, helps God govern the world. And the
only pity is, that religionists do not study divine Providence
better ; so that they would help God more, to govern the world.
If we turn now to practical applications, we will find that
Social Science runs nearly parallel to Christianity, and often
coincides with it. On this subject we will quote from Wendell
Phillips, who will surely be held free from the charge of par
tiality towards religion. And observe, that what he says of the
Church is equally true of the State ; and THAT is the applica
tion we desire the reader to make, all through the quotation.
In his speech before the Free Religious Association, May 28,
1868, he says, "The records of Christianity hold, it seems to
me, a very large measure of the lessons that Social Science
needs. In the first place, the Christian records are principles ;
but the church is an alleviative. It approaches evils to alle
viate them, not to cure them. THAT is not the New Testament
method. There are two -ways of touching evils. If the gas
was escaping in this room we should open the ventilators and
relieve ourselves. That is relief. To-morrow, the superintend
ent would send for a gas-fitter, and he would stop the leak.
That is cure. Now, as I look at it, all action of the church
approaches poverty to make it comfortable : it approaches crime
to endeavor to soften it : it approaches prostitution, to shield it
from temptation. That is relief. That is opening the windows
to get rid of the leaking gas. But Social Science and the re
ligious philosophy of the New Testament, while they attempt
all that, prescribe that the really religious intellect should seek
not relief, but cure."
Indeed, Social Science and Christianity run parallel to each
other, most of their length : Social Science doing for society, in
most things, what Christianity is doing for the individual.
22 BK. I. SUMMARY INTRODUCTION. I. III.
CHAP. III. SCOPE OF SOCIAL SCIENCE.
1. In General.
Now observe the rank and grade of Social Science among
the four most general sciences ; namely, Theology, Metaphysics,
Sociology, and Mathematics, (Moral Science being here regarded
as composed of elements or extracts, partly from Theology, and
partly from Metaphysics ;) and observe also, that their general-
ness is in the order above named, and that we only claim for
our science, a position as third in this order of generality. But
we have not space to enlarge upon this comparison.
2. Locus of intersection with the other sciences.
We are now to consider the locus, that is to say, the principal
points or properties, of the intersection of Social Science with the
other sciences that are most nearly connected with it. We may
consider criminal law, civil law, constitutional law, and inter
national law, as separate parts of one general science, under the
name of the Law. Then we may consider Political Economy as
the science of producing and distributing property, or rather, as
the science of industry. Then, by taking these two sciences to
gether, namely the Law and Political Economy, we have the sub
stance of Political Science. But, inasmuch as Political Science
looks too much to polity, and to the present, it becomes necessary
to consider the Philosophy of History, and thus, to perfect the
politician into a statesman, by introducing the experience of the
past. Now the Philosophy of History becomes the " History
of Civilization," only when we assume a continual progress of
civilization in all the past ; and as this is a somewhat disputed
question, the Philosophy of History is to be preferred as em
bracing the others.
But the statesmen produced by all the sciences just mentioned,
have their ideas limited too closely to the facts and changes that
are occurring in the present, or that actually have occurred in
the past, but without any philosophical conception of the rad
ical changes that might occur. Their solutions and remedies are
consequently too special, and have no scientific or absolute ex
pressions or formulae. Now the business of Social Science is,
to investigate the changes of society by general principles, and
to hold the results in general formulae, of which all past and
present facts are only particular instances.
USES OF SOCIAL SCIENCE. 23
Then it happens that statesmen sometimes find that morality
and doing right are a safer guide than the highest wisdom
of experience; and sometimes they would prefer to do right,
whether it was expedient or not, as far as they can see. Here
then, it becomes necessary to appeal to Moral Philosophy ; but
we consider Moral Philosophy only in the light of a combina
tion of parts selected from Theology and Metaphysics. In
considering formulae so very general as they then become, Meta
physics is applied to also, because it treats of the most important
laws of the very beings who constitute society. By this time
the formulae have become so very general, that the common
classifications of historical facts become of less importance. Re
sort is then had for analogies to all the sciences, from Gravita
tion up to Zoology. The most general laws of universal nature
are then found to be applicable.
In this respect, Social Science acts much like Natural The
ology. It ranges through all the sciences, culling the general
principles of each, digesting and assimilating them to itself.
And while it omits not any one of the sciences, from the lowest
to the highest ; it nevertheless finds most of its nutriment in the
higher ones, such as Zoology, Anatomy, Physiology, Instinct,
Metaphysics, and Morals. And so wide is its range, that it
touches all the sciences which earnest men think and feel about,
in their deepest and most serious moments.
CHAP. IV. USES.
1 . Implied in its Definition and Scope.
Many of the uses are so plainly implied in its definition and
scope, that they need not be repeated now, having been suffi
ciently touched above.
2. Magnitude of Oivil and Political Evils.
Nowhere are the intentions of men so often and so utterly
frustrated, as in legislation. Here truly, " things are not what
they seem." In this country, laws intended to preserve morality,
to shut taverns on Sunday, or to close bawdy houses, gener
ally have as their main result, the causing bribes to be paid to
policemen or other officials. Laws intended to limit the power
of corporations, end with putting bribes into the pockets of the
leaders of the legislature, or else of the judges. Laws intended
24 BK. I. SUMMARY INTRODUCTION. I. IV.
to help a weak company, only help its directors to help themselves
at the expense of the community. Laws intended to prevent
gambling, only drive the gambling into commerce, and so, cor
rupt the channels of ordinary trade. Laws to compel specie
payments, only shut up the banks altogether. Laws intended
to befriend renters at the expense of owners, only drive honest
and cautious men out of the business of renting entirely, and
increase the competition among, and the risks to be paid by, the
renters. Laws to oppress any class of people, first drive them
to deception, and next drive them out of your jurisdiction, and
next tend to raise up friends for the oppressed. Even fashion,
intended originally to separate the great from the little, tends
instead, to produce unusual extravagance, and finally becomes
the mark of disreputableness. Customs intended to secure honest
men, become only traps to catch the simple, or barricades to
shield rogues.
The THEORY of politics and of trade and of the public press, is,
OPEN knowledge or open market, and competition, and gradual
changes : the PRACTICE of politics and trade is, false news, secret
combinations, and sudden revolutions. Hence it is necessary,
as Spencer says, to enquire, not only what is to be done, but also
how to do it. A man intending to reach the moon, might rup
ture himself, and he would still reach his aim sooner than some
legislators or leaders will reach their objects, by the means they
are using : and the same will apply to some of the philosophers,
and their proposed "laws" And although most of these re
marks apply more directly to statute law only, and not so plainly
to those deeper and spontaneous social laws, which work, both
over and under and within and without government, yet in
their spirit and principle, they apply also to those deep and
spontaneous social laws. Thus there arises the necessity and
ihe use of a true SCIENCE on the subject.
And then furthermore, our politicians and statesmen need
such an enlarged scope of ideas as will set them to guarding
against COMING evils, rather than to be forever providing
against antiquated and worn-out ones. It is the misfortune of
some peoples and of some governments, to be always guarding
and fortifying themselves against old dangers, and in fear of a
return of exploded errors. They are forever making constitu-
USES OF SOCIAL SCIENCE. 25
tions and laws, to protect themselves from those evils which the
progress of society, or its new form of government, has already
rendered impossible ; but yet, working in the midst of a verbiage
of literality and legality and of cares and fears about " the worn-
out" they are neglecting to see or provide for the very evils
that are surrounding them, and it may be, even sapping the
foundation of their rights, liberties, and happiness. This danger
and evil, which is liable to befall any country, is especially the
bane and hindrance to our own. In the midst of dangers from
bribery by vast railway and other corporations, we provide against
those only of individuals. In the midst of all the evils of dema-
gogism, we are forever providing guards against monarchy.
Governed and tyrannized over, by secret cliques of unprincipled
and rapacious politicians, and their colleagued contractors, we
are continually guarding against an aristocracy of birth or honest
wealth. Endangered by the scum and dregs of vice and prison
degradation of all the world, we are forever providing against
aristocracy. In the midst of a tangle of laws, allowing almost
all criminals to escape, we are always providing more guards
for the liberty of unknown and unsettled individuals, and thus
fostering and covering individual secrecy.
One of the uses of Social Science, is to enable us to foresee
great revolutions and rebellions ; and either to avert them, or
to provide means for personal escape or relief, when we cannot
influence or prevent them. The Saviour says, " When they
persecute you in one city, flee ye to another/'
3. Philosophical Basis Wanted.
Comte truly says, " In the present stage, philosophical con
templation and labors are more important than political action, in
regard to social regeneration ; because a basis is the thing wanted ;
while there is no lack of political measures, more or less pro
visional, which preserve material order from invasion by the
restless spirits that come forth during a season of intellectual
anarchy. The governments are relying on corruption and on
repressive force, while philosophers are elaborating principles ;
and what the philosophers have to expect from wise govern
ments is, that they will not interfere with the task while in pro
gress, nor hereafter with the gradual application of its results."
We may observe, how much the need of Social Science is
26 'BK. I. SUMMARY INTRODUCTION. I. IV.
shown and proved, by the mistakes and defects of the very
men who have of late produced works on this science, including
also Comte himself. We might mention their ignoring gener
ally, the depth and reality of sin, and the real moral spontaneity
of man. Also, Spencer's idea of the spontaneous evanescence of
evil ; also Spencer's idea, that the deadly and killing spirit was
an absolute necessity to enable mankind to clear the world of the
noxious animals; Comte's idea, that the social feelings wisely
enlightened, are capable of enabling man to overcome and out
grow his own selfishness; Comte's idea of the power of physi
ological knowledge to overcome all evils; Buckle's idea, that
society has derived no benefit from metaphysics; Mulford's idea,
that nation is the only politico-social unit or person ; some theo
logians' idea, that orthodoxy or conversion is alone sufficient to
enable men to overcome evil ; and finally, that perversion of
morals, which assumes that because social evils are the ordinance
of Providence, therefore the effort to do away with them is con
trary to Providence.
Social Science is passing through, or must yet pass through,
its period of criticism, even as the other sciences do. Just as
Comte has shown, that the critical "r&^me" in civilization and
in social affairs, must necessarily only be transient and prepara
tory ; so (to turn the tables upon him) we say, that the criticism
and rejection of religion from science, will be found to be only
a temporary and preparatory stage, although perhaps a neces
sary one; but that afterwards the critics will criticise away their
criticisms, and so, God be restored to nature and to science,
more fully and more truly than ever.
4. Improvement of Humanity consistent with free-will.
There is in the minds of many persons, a lurking doubt of
the use of Social Science ; on the assumption, that the general
course of human events is a fixed destiny. But to this we an
swer: the same objection might be made to the use of means, in
many other matters of which w r e may believe the end to be
fixed. And a still better answer is, that the objection is an
unjustifiable inference from the facts adduced by it. It alleges
the uniformity of certain very general facts found in statistical
tables, such as that the number of deaths per year, on the aver
age, is the same in different years, by each particular disease,
USES OF SOCIAL SCIENCE. 27
and by suicide, and even by suicide in each particular occupa
tion. But these facts only prove the doctrine of chances ; the
law of our BELIEF, but NOT the CAUSATION of events. And
according to the doctrine of infinity ; of an infinite number of
really free acts, all will not go one way; for the larger the num
ber of really free acts, the stronger is the certainty of our belief
that their diversities will be exactly in proportion to their abso
lute freedom in each particular case. But this universality does
not introduce any new element of power.
However, true knowledge lessens the power of, and hence
lessens the freedom of evil. Thus Social Science benefits
mankind by lessening the temptations, and by bettering the
conditions.
We affirm that the improvement of humanity is consistent
with free will. Temptation is a probationary and a proportional
power. We set it down as a certain moral truth, that the greater
the temptation to which Mankind are exposed, the greater will
be the sainthood of those who overcome, but the fewer will be
the number of the persons who do overcome; and vice versa.
Even suppose that Social Scientists may not expect to make
people religiously better, or even morally better, considered as
to their heart or intention ; yet they expect, by lessening the
powers of temptation around people, to make them ACTUALLY
both better and happier. For we all know that man is to some
extent the creature of circumstances.
i
5. Influence on Other Sciences.
Another use of Social Science is, that it brings improvements
in all the various sciences, even in Mathematics ; and this it
does by their reciprocal influences, and from the very general-
ness of Social Science. This, Comte points out theoretically,
and also illustrates it by his own example frequently, in point
ing out improvements in the other sciences, evidently suggested
by this one. Thus the study itself is most thoroughly made up
of wisdom and progress.
When we consider the great elements of human progress,
how indissolubly they are found to be connected with one an
other ; we find that one will bring on another, as Comte remarks
in regard to the relations of truth and beauty, that while in
the lower stages of civilization, the fine arts lead to intellectual
28 BK. I. SUMMARY INTRODUCTION. I. IV.
culture, so in a higher stage of civilization, intellectual culture
seeks at least its recreation in the fine arts. Thus, of insepa
rable elements, either one may be cause, and the other effect ; so
then, Theology and Social Science are related together so insep
arably, that it may be hoped that in the future, Social Science
will lead men back to Theology.
Comte himself, in his latter days, avows a Deity to be the
ultimate compound and integration of humanity ; and the
doctrine of Deity, to be a necessary result of Sociology; thus
showing, both by his experience and his theory, the intimate
connection between Social Science and Theology.
Comte also teaches, that Social Science, in turn exerts a vastly
improving power on the natural and biological sciences ; so also
we may hope it will, in turn, exercise a greatly improving influ
ence on Theology itself, which is a pre-eminent branch of the
Highest Biology !
6. Summary of Uses.
In general we may say, the use of Social Science is to point
out how really to benefit mankind by law and voluntary benev
olence, instead of by merely well-intentioned but vain and actu
ally injurious attempts ; to point out the natural rights and duties
of all, and how really to accomplish them. The pursuit of Social
Science would always be found to furnish " new themes to the
Protestant clergy," and to all other clergies, and to all kinds of
moral improvers. It would tend to the promotion of virtue
and health, the prolongation of life, and to the general morality
and happiness of mankind.
The sum of all the uses of Social .Science is, that without its
aid morality itself cannot prevail permanently among mankind.
Accordingly, Comte (Pos. Phil. p. 787) says, "A universal senti
ment of duty can prevail only through the culture of the most gen
eral ideas, and thr ugh the rule of the spirit of generality " But
observe, that the spirit of generality found only in Social Sci
ence, is just a new name for the prevalence of a morality founded
on universal utilities, that is, a spiritual morality ; as the spirit
(in Metaphysics) is necessary to the prevalence of theoretical
Theology. Again, Comte truly says, "The Theological sanc
tions of morality have become inefficient on the popular mind ;
yet morality itself, expressing as it does the feelings of human-
USES OF SOCIAL SCIENCE. 29
ity, craves, or is ready to receive, some other sanctions ; and in
cultivated civilization especially, is ready to receive intellectual
sanction, that is, will welcome Social Science as the best sub
stitute for metaphysical Theology."
7. Modes of Influence.
Social Science in its application to the improvement of society,
operates in two ways ; one, by improving and enlightening the
men who lead society ; and the other, by enlightening contenting
and keeping in order, the mass of the Individuals of which
society consists, so that the natural laws of society's life have
opportunity to develop and produce their results. And the
science teaches all men more and more, the impotence of man in
self-will, and the necessity of all to wait on Nature more rever
ently and patiently.
Furthermore, the improvement of the science aifords the
means for improving society itself, just as the improvement of
any science, prepares the way for the improvement of all the
arts that depend upon it.
Here it might be asked whether the influences of this science
can ever become practically and politically available in a Repub
lican government, especially in this country ? We answer : the
general knowledge which Social Science requires, (it being that
science which takes only the general elements of all the sciences)
shows most readily to the general public, the real learning and
the mental discipline of the study, and of its successful students.
Moreover, the great principles of each of the sciences can be
made very plain to the popular mind, according as one person
or another has natural aptitude for each of the particular studies
to which the general ideas belong. And by selecting and grasp
ing several or all of these general ideas only, a Sociologist may
be comprehended and appreciated by the masses, and exert an
influence for good, even if the people were not able to compre
hend his plan or theories AS A WHOLE. And the fact is, the
GENERAL elements of the sciences are just the ones that are
easiest remembered, and are the most beautiful, and the most
interesting to the common people. So that the minds duly
trained to perceive and select such elements, will be the minds
well trained and well adapted to interest people generally, and
thus exercise such influences as would be permanent.
30 BK - L SUMMARY INTRODUCTION. I. V.
CHAP. V. PEEPAEATOEY STUDIES.
1. In General; and Methods.
Much has been said as to WHICH are the most suitable studies.
But the inquiry, HOW the student should pursue the preparatory
studies, is quite as important as what ones they are in particular.
The first and most striking peculiarity is, that the student must
bestow his attention, not on the usual, but on the most unusual
facts or phenomena in each science. Thus, monstrosities, as well
as extraordinary excellencies, are to be studied. Hence it is
necessary for the Social Scientist to consider such subjects as
sudden conversion, war, and the arts and tricks of speculators,
and of professional politicians; also such peoples as Quakers,
Pitcairn Islanders, also soldiers, sailors, and others, whose mode
of life is very unusual, also the, successful communities, including
many Catholic and a few Protestant ones ; also the various in
formal corporations of trades, guilds, rebels, school-boys, profes
sional criminals, and so on. Furthermore, it is very desirable
that the methods should be pointed out by which the sciences
have progressed, and the kind of 'circumstantial evidence, and
succession of hypothesis after hypothesis, continually hedging
the certainty within narrower limits, without ever obtaining
mathematically absolute certainty. For, even in the higher
branches of mathematics, in the transcendental functions and in
the Calculus, it is not the a priori demonstration that satisfies
the mind ; but the fact that the results and formulae following-
from the hypothesis, solve all the questions, and in all the appli
cations to which they can be put, especially those Avhose results
were previously known.
In the selection, then, of the sciences which should be pre
paratory to Social Science, one principle of the selection should
be to choose those that will most readily allow or encourage their
being pursued in the analytical methods ; approximating, as
closely as is convenient, the actual processes of relevant thoughts
that really produced the results as we have them.
Of Mathematics nothing need be said, because it is the dis
cipline and transcendental form or type for all the sciences.
2. Theology.
We observe here, that the study of Theology, by any person
who is open to conviction, and is anxious to judge impartially
PREPARATORY STUDIES. 31
for himself, and who is also anxious for his soul's salvation, is
peculiarly analytic, and presents in each one's own mind a his
tory peculiarly his own. And often that history is a life-long
history, reaching to what is deepest in human nature, drawing
out its capacity and sincerity to the utmost, and furnishing a dis
cipline peculiarly excellent for enabling the mind to judge of
the recondite truths of human and divine activities. Such a
study of Theology now-a-days, bears the same relation to other
studies, as the study of Theology itself, in the days when the
student's life depended on his opinions, bears to its common
study now.
The study of Theology is the scientific study of religion, and
therefore calls into exercise all the higher faculties of the mind.
Hence it is one of the best preparations for earnest original
study in any of the sciences. The success of the German and
Scotch metaphysicians is chiefly owing to this cause. And even
of the pre-eminent mathematical arid physical scientists, Can-
dolle's statistics show, as to the professions of their sires, that
Protestant clergymen are more numerous than any other profes
sion. And of the eminent men of the Christian world, a far
larger portion of them are found to be the children of clergy
men than of any other professionals.
The peculiar fitness of the studies of the Theologians, as dis
cipline and preparation for Political Philosophy, is further proved
by the fact that at various times they have become the best and
foremost political statesmen of the world. Ximenes, Woolsey,
Richelieu, Cranmer, Talleyrand, and others may be mentioned.
And then also the fact, that the statesmanship of Rome, which
is conducted entirely by clergymen, is acknowledged to be the
most far-reaching in the world. Remember also those old
Puritan statesmen of CromwelFs day, who knew their Bibles
and catechisms even better than their laws, how readily they
were turned into generals and statesmen whom all the world
wondered at, and who out-generaled and out-witted even the
Romans themselves.
Furthermore, both Fourier's and Herbert Spencer's writings
show that they have been well disciplined with Theology, and
particularly with its relation to Metaphysics. And Fourier
spent the last hours of his life on his knees, voluntarily alone
32 BK. I. SUMMARY INTRODUCTION. I. V.
with God. And even Comte's ideal social power, is only a
grand paraphrase of the church as a free spiritual power, in
somewhat that general way that we may for instance speak of,
the church of the United States. But the fact is, that the
church, or some outgrowth from it, although perhaps not always
under the name church, has generally been found in advance of
the state, even in mere forms of government. For the church is
typical of all human society, and produces the foremost corpo
rations. Dr. Craig suggests to me to say, that Theology includes
the study of " the kingdom of heaven's aims and struggles, to
issue finally in the perfect social state."
But when we speak in favor of Theology as a scientific and
theoretical preparation for Social Science, we must not by any
means be understood as if saying, that statesmen practically
ought to be selected from among clergymen. The experience
of the Middle Ages, culminating in the Inquisition, is against the
selection of governors, with civil or coercive powers, from among
professional Theologians. The government of the church in the
Middle Ages, was almost the only important popular form in
Europe ; and it therefore absorbed much of the then existing
turbulent and ambitious educated material, which, finding itself
shut out from civil power, concentrated in, and gave vent to
itself in the church.
On the other hand, in civil affairs, the modern change of form
of government, from hereditary and aristocratic, to popular, does
not show its highest uses in civil affairs, but in church affairs.
And this it does by operating as an extra inducement to draw
the most ambitious and turbulent materials of society away from
the church into the state. Hence, under popular civil govern
ments, the church itself is the greatest beneficiary the party
most benefited. And hence also, the church of modern times
is not so likely to become so cruel or bigoted in its coercions, as
was the old church. But this is no argument for the selection
of statesmen from clergymen. And because the evil would be
LESS now than formerly, is not any argument why we should
resort to the evil at all. The prevalence of fanaticism and of
religious bigotry, in all pre-millennial times, is an unanswerable
objection against any return, before the millennium, to such old
methods of selection ; and so also is the reflex corruption 'thereby
PREPARATORY STUDIES. 33
produced in churchmen and in church. And the modern prin
ciples of the division of labor, and the very different kind of
energies required in statesmen, from what are required in clergy
men, are both unanswerable arguments against returning to those
old methods.
3. Metaphysics.
AVe would now argue for the predominance which must be
t-;iven to Metaphysics over some other studies, as preparations for
Social Science. This is proved by the following reasons, which
are cumulative. Metaphysics forms a considerable element in
two other of the principal preparatory studies, namely, Theology
and Moral Philosophy. It is the science of the most important
faculty and part, of the individual creatures who make up
human society. These Individuals themselves, each separately,
are types of society, from which as types (as we shall hereinafter
see) we form our most valuable judgments and arguments in
social actions, the human Individual being one fit type of
human society, and the laws of the Individuals therefore, being
fit types of the laws of society. And it is the science for the
self-criticism of the scientist himself, whereby to criticise away
his own personal aberrations.
Psychology itself, so far as independent of supernatural con
siderations, is nothing more than a small branch of Metaphysics.
The fault of the old theorists was not that they reasoned Meta
physically; but that, having some special one-sided doctrines to
establish, or particular feelings to gratify, they perverted Meta
physics. And it has been found also that some of our moderns
who use statistics and figures, can make perversions equally as
great as the old metaphysicians did, and as difficult to over
throw, and which sometimes indeed, cannot be overthrown at
all, only by resorting to the metaphysical laws of our being,
and to common sense.
The attempt to ignore Metaphysics on grounds of physical
philosophy, is much the same as to deny sensation to an animal,
because not possessed by a vegetable.
Comte's idea is, that mental science can only be pursued by
observing the operations of the mind, and that, the moment we
stop thinking, to observe those motions of the mind, the mo
tions themselves must stop ; and then there would be nothing to
34 BK. I. SUMMARY INTRODUCTION. I. VI.
observe. (See Introduction to Positive Philosophy.) But this
doctrine entirely mistakes the mind's true course of proceeding
in the case. The truth is, that the science of Metaphysics does
not proceed essentially or chiefly by direct observations of the
actions of mind, as and when they are influenced by its im
mediate causes (external or internal) ; but it proceeds by ob
serving the MEMORY of those states of mind afterwards. And
therefore it can be just as correct as the memory. The simple
question is, as to the reality and faithfulness of memory. For,
granting this, we can afterwards write down the actual occur
rences of our minds ; for all writing is just exactly noting down
the facts of our mental processes, and if we will be faithful and
write them all fairly, we then have a statement of facts as to the
mind's operation, which we can consider and reconsider, ponder
and analyze, to our hearts' content, the same and as fully as we
could do with any record of any other natural or experimental
phenomena.
In respect to self-consciousness, individuals are types of so
ciety. A society, like an Individual, cannot understand itself
by an effort of direct self-consciousness of its own characteris
tics. It can only understand itself by observing its history;
having previously encouraged the faithful narration and publi
cation of that history, by interested and morally as well as
mentally competent persons. And the better any society is,
the more it will criticise and improve its own characteristics, by
the light of its own experience, in defiance of its passions, its
prejudices, and its theories.
There is one other science to be mentioned here as an im
portant preparation, namely, the science of Medicine; but as
this is a somewhat new position, and as it is desirable to avoid
repetition, the evidences of this should be postponed to the head
of The Individual," and of "Health" and "Life."
CHAP. VI. PROMOTERS AND TEACHERS.
1. Not the Classes generally supposed.
The question now occurs, whom are we to look to for Social
Science ? No great advance can be made in this science, except
in an entire and sympathetic willingness to receive light from all
sources. But as to what classes of persons to look to for Social
PROMOTERS AND TEACHERS. 35
Science, we observe, that they are certainly NOT the inferior
classes of infidels. Great reasoning powers, great culture, may
enable a few of them, as in the case of Comte, to rise to a val
uable height in the comprehension of all those parts of the
subject that are not expressly spiritual. But inferior minds
must be guided by sound instincts, rather than by intellectual
speculations.
Furthermore, we are not to look to the REGULARS, whether
politicians statesmen or lawyers. For these, by devoting their
minds wholly to their own particular branch of the science, are
not competent to take a liberal or unbiased view of the whole
subject.
Another reason is, the habit of studying political questions
chiefly for immediate action and application, begets the habit of
endeavoring to found and build merely temporary contrivances
on everlasting foundations, and then of reasoning backwards,
and from the permanency of the foundations, rashly assuming
the permanency of the superstructure. Statesmen and lawyers,
anxious to have the strongest possible arguments for present
measures, work powerfully to argue and convince Mankind that
their measures are absolutely required by the eternal nature of
things. What is wanted is, that such certain eternal and ever
applicable principles should be discovered and elucidated, as
should be both flexible and comprehensive enough to apply to
all temporary and varying real necessities, without at all im
plying, either that the institutions or the logical arguments for
them, were absolute or permanent. The devotees to any science
or business are the great obstructions to progress in it ; except
perhaps they be the GREAT discoverers. And it is strictly in
accordance with^ these facts, that little hope of governmental
improvement is to be expected from professional politicians.
M. Comte preceded us in a similar conclusion ; yet it is a part
of his theory, that government is finally to be placed at the dis
posal of scientific men, although not of the savans of any par
ticular science, but of a class of savans not yet arisen, and whom
he does not think it possible to point out beforehand. As to the
world's physical scientists generally, notwithstanding the valu
able aid their previous studies have given them for fitness to
encounter the great problems of social life, yet they are gener-
36 BK - I- SUMMARY INTRODUCTION. I. VI.
ally so absorbed with hobbies, so ambitious of scientific fame,
so unmetaphysical in their methods of thought, and often so
half-skeptical religiously, and so conceited in their own opinions
of the true principles of that science of society which they have
not yet studied, that there seems but little hope as yet of their
doing much for it. Perhaps it will be soon introduced into the
colleges and universities, as a branch of the regular course.
And then we might expect it to attract the attention of the
pious scientists. But what is usually studied as Social Sci
ence in those institutions, is little more than enlarged Political
Economy.
2. The Real Promoters.
As yet, those who have done most to aid Social Science, are
probably, Socrates (or Plato), Fourier, Comte, and Herbert
Spencer, who are the most profound scientific generaiists of all
time.
A more likely class than either the ordinary statesmen or the
ordinary physicists, to look to for Social Science, would be the
true scientific Theologians, if they had the time to spare from
their other avocations. But this seems seldom to happen ; since
most of them either have the charge and the daily labor of large
church congregations, or else of educational institutions. These
latter, namely, the theological head officers of the secular institu
tions, may contribute much towards our science, when there arises
a sufficient public demand to turn their business attention to it,
and when more leisure is afforded them. Theologians are, by
their training, best fitted for universal or general study. Wells,
whose occupation is the examination of heads, says, " As a class
they (the Theologians) have the best heads in the world."
(Physiognomy, p. 488.)
Another evidence that Theologians are to be looked to for
Social Science, is found in the fact of the success of their com
munities. The founders of the successful communities have
nearly always been Theologians originally, even if uneducated
ones, or if they had afterwards deserted their Theology. Actual
successes of this kind evidence practical knowledge of Social
Science, and also ability in new developments.
The only regular students of Social Science of moderate cali
ber, who have yet done much for it, are the communists. These,
PROMOTERS AND TEACHERS. 37
by evidencing their faith in their own theories, by lives of com
munism and self-sacrifice, present new elements, namely, profound
sincerity and self-sacrifice, powerfully co-operating in their study
of the science.
Here also should be added all those classes of persons,
who, upon principle, like the primitive Christians, the original
Quakers, and some more modern peace-men and innovators,
personally and individually disregard tyrannical laws, whether
of government or of fashion.
Another reason why Theologians, religious and benevolent
persons, are necessary in the improvement of Social Science, is,
that they alone proclaim to any rulers (whether kings or peoples)
the peculiar portions of truth that they respectively need. Other
professions will flatter their kings, if in a monarchy; or will
flatter the people, if in a democracy. The epithet for the leaders
and politicians of the old Jewish people was, "they who call the
people blessed," as any one may see by merely referring to the
marginal renderings in our usual large Bibles. Thus, in Isaiah
iii. 12 : " O my people, they which lead thee," (marginal reading,
"they which call thee blessed"), "cause thee to err, and destroy
the way of thy paths." Again, Isaiah ix. 16 : " For the leaders
of this people," (marginal reading, " they that call them blessed")
" cause them to err ; and they that are led of them are destroyed."
We must not omit to enumerate the brave and devoted mis
sionaries scattered over heathen countries, and various explorers
geographical and scientific, who are sending home new ideas
and new truths of social philosophy, gathered by experience and
on the spot, of such various social systems as .they necessarily
encounter and naturally study and appreciate.
There is also another class who are doing noble but sporadic
work, in aid of our science. They are generally retired states
men or professionals, or retired merchants, or Christian men
of considerable means, some of whom are to be found almost
everywhere. They turn their attention generally, each to some
one or few special points in the study or the practice.
Dr. Craig suggests th'at clergymen and physicians COULD be
of great use to Social Science by their facilities for collecting
statistics of such a private and moral nature, as it is scarcely
possible could be derived from any other sources.
38 BK. I. SUMMARY INTRODUCTION. I. VII.
CHAP. VII. MEANS AND DATA.
1. Observation.
We have now to consider the means and data of the science
of society. This can consist only in a very small degree of per
sonal observation, and only in the persons of leading statesmen,
and in times of peculiar contemporaneous national events. And
such observation will be far less applicable to the government
of great Nations, than to the government of small Precincts.
The larger and more populous the territory, the less can its
affairs be observed by one human mind, or conducted in one age
of life. Social observation therefore mainly consists of history.
The great want here is for brief histories which shall represent
principles rather than events. Such works would be nearly the
same thing as " histories of civilization" of each particular coun
try. They should prove,, as to the case of each Nation for itself,
the general rules and general consequences of the various prin
ciples of national action. This is what Paley's theory proposes,
but for a diiferent purpose, namely, for his proposed basis of
morals.
2. Experiment.
If Social Science is ever to become a real science, experiments
must be encouraged in it, as really as in all the other sciences.
But almost the only experiments of any thoroughness we have
of late years are communistic, except a few experiments on some
peculiar methods of settling unoccupied lands. Our Precinct
system affords much the best basis for experiment. This system
consists in forming very small Precincts of, and in, some one
great Nation, and allowing within each Precinct, the utmost in
ternal liberty and self-government, consistent with the general
prosperity of the whole ; in fact, an establishment of a United
States of Precincts, on the general principle of " mind its own
business" so long as it allows every person to leave a Precinct,
if he does not like it, and does not interfere with others 7 equal
liberty, nor with the general welfare.
This system, indeed is almost the only hopeful or desirable
basis. Because, if large national experiments preceded the pre
cinct experiments, vast ruin might follow in case of non-success.
And the consequences also might be not rapid enough to teach
the living generation who actually try the experiment. Further-
MEANS AND DATA. 39
more, this Precinct system is one which in itself would be the
germ of all subsequent continuous peaceful and agreeable ex
periments.
The next best kind of experiments are well organized volun
tary corporations, as for instance, the moral communes. These
ought to be encouraged by law, and be by every other reason
able facility allowed to organize into townships or counties,
or whatever other local government, their extent or prosperity
might enable them to attain ; always holding the commune or
corporation responsible for the reasonable care of its women and
children. Ntf communes have succeeded unless they have been
governed by good and wise men. They ought to be protected
therefore, because according to our theory, government ought to
be in the hands of wise men, namely, those who possess the
transcendental elements most fully. Furthermore, all com
munes, even bad ones, are types and miniatures of society at
large ! and the evil ones teach us lessons at their own expense,
and by their own free choice. Only keep them apart, so as not
to contaminate the rest of society.
In all .sciences we must keep in mind the conditions. And
one of the conditions of any desirable social experiment for a
free people is, of course, that the persons who enter upon it
should do so VOLUNTARILY, and from real conviction. Other
wise it is no experiment of the natural workings of free or
desirable society; but it is a mere experiment in tyranny, in
corruption, or in punishment. Hence arises the great necessity
for allowing to all social experimenters, the fullest possible lib
erty consistent with the equal rights of others, provided they
will keep themselves from intruding their objectionable features
before and upon the rest of society.
In regard to the use of experiments, we may observe that
they give, not merely a balance of contradictory arguments,
when some great and good principle or plan is found to succeed
in some one or more cases, but not at all in others. On the
contrary, wherever a great and good principle or plan has tri
umphantly succeeded, even only once, it is a sure proof that the
principle or plan is PRACTICABLE FOR HUMAN NATURE. And
thus, every new attainment is the advancement to a new posi
tion by the vanguard of improvement. In other words, a prin-
40 BK. I. SUMMARY INTRODUCTION. I. VII.
ciple established for one, is established for all. Mankind, some
of them at least, are improving, and are gradually becoming fit
for better and better social conditions. And the exact amount
of this fitness, is entirely too complicated an answer, to be ob
tained by any theoretical or a priori argument. The net total
resultant of the many conflicting and variable forces, acting
from time to time, can only be ascertained by trial itself.
And what, after all, is the history of any nation, and of its
laws and wars and government ? what, but a series of experi
ments, now with one object and now with another, yet having
scarcely any more of the scientific conditions of a USEFUL
experiment, than an eclipse or an earthquake.
This is the era of political experiment all over the world,
and this fact probably shows one of the final causes for the divi
sion of Mankind into nations or races, namely, the better to com
pel them to try different series of disconnected experiments, as
to the structure and laws of society : then, that process having
continued for ages, the present stage of civilization and universal
exchange, serves to point to a time having arrived when each
Precinct and Nation is to study all the others, and to try what
ever it finds in any of them that would appear beneficial to it.
This, then, is the era of universal experiment in social and
political, as well as in the other sciences, when each Nation is
trying experiments from suggestions derived from any or all
of the others.
3. Modification of Expediency Doctrine.
Another one of the data for social science is, a modification
of the doctrine of expediency ; namely, a reasoning from general
consequences and general rules, in such a way that the general
consequences are used to obtain general moral rules, not inde
pendent of, but only in connection with, the moral instincts.
Such general rules are substantially the same as Dr. Paley's
Principles of Moral Philosophy would become, by taking the
moral instincts into its connection formally, as indeed he often
does materially essentially and instinctively, in the course of his
work. No doctrine of expediency can be received, altogether
regardless of the moral instincts, nor can these be taken without
the other ; but right and expediency always go together, with
the privilege, amid contending principles, to prefer that which
MEANS AXD DATA. 4}
happens to be the clearest in any given case; and never swerv
ing from the great foundations of morality, namely, the sanction
of God and the equality of the rights of men under the same
circumstances.
4. Return to First Principles.
Allowing now, that reasoning from cause and effect, and from
general theories of society, based upon cause and effect alone;
or starting with theories that can just as well be turned into
exactly opposite directions and developments, that such reason
ing is altogether insufficient of itself to invent or discover the
true social system or true Social Science : nevertheless, we must
always be ready in our reasonings, to return to the first principles
of things ; and not wander far off into answers to arguments,
and then replies to answers, and then objections to replies, and
the removal of the objections, and then answers to those re
movals, and so on as may be done endlessly.
There is a class of Social Scientists, (with whom, it is to be
regretted, Spencer has almost enrqlled himself), who argue that
government ought not to do nor to attempt to do, scarcely any
thing except to keep the peace among its own citizens, and
organize for fighting with the citizens of other governments.
They argue for letting natural laws take their course, as fully in
all sanitary matters, as in sumptuary ones ; and they ask us to
let death multiply until Individuals will of their Own accord
provide for the health of a city ; they ask this, even with the
same pertinacity that they ask to let men eat and dress extrava^
gantly until checked by their reaching the bottom of their
pockets. This leads to the necessity of showing, that we must
resort to first principles in order to answer these arguments.
Let us consider some instances of the kind of proof required ;
discretionary power is given to trustees, agents, representa
tives, judges, governors, in order that the discretion may be used
for the cause of truth and justice, as against the impossibility
of government making exact and perfect rules beforehand. But
when those officers use a " hook or crook 7 ' of exact rule, to author
ize a violation of truth or j ustice, and would plead their discretion
ary powers, they violate t\\e first principles in the case, and must re
turn to first principles, in order to see the error of their argument.
Again, it is admitted, private charity is better than public;
42 BK. I. SUMMARY INTRODUCTION. I. VII.
the first principle being, that private character is able to be
investigated more truly by the benevolent and on the voluntary
principle, than by government. But, when we find Individuals
failing to do a necessary work, when we find whole tribes and
districts and scattered millions, famishing, and no sufficient
private aid coming, the public must come to the rescue, and
justify itself by recurring to first principles.
Again, when the elective franchise is given, and decisions are
made according to majority, all is intended for the reason or first
principle, that it is supposed that the possession of that franchise
by all, is a needed means for the protection of their own rights.
But when they would use the idea of the majority, to take away
the rights of others, their arguments should return to first prin
ciples. And the mere will of a majority, can find no arguments
to defend it, in trampling on the rights of a minority.
Now, when some would allege, very restricted powers to gov
ernment, that it must in fact do almost nothing, but (that which,
by the way, it cannot do at all, namely) protect life and prop
erty, they are fond of assuming or trying to prove, that govern
ment was not instituted for any of those other purposes. They
think they then recur to the first principles of the thing. But ;
Do they ? Or shall we ask, what was man himself instituted
for ? Was man made for Sunday, or Sunday made for man ?
Was man made for law, or law made for man ? If this, then,
is the first principle of the thing, the do-nothing governmental-
ists are in the wrong theory ; who would let one set of un
thrifty idle poor starve, in order that others might learn more
foresight ; or one set of strong passioned men and girls rot, that
others might learn to avoid the danger, &c., &c. Some Socio
logical arguments favoring the absurdest conclusions, can be
fully -and satisfactorily answered in this manner, which might
take whole volumes to refute in any other manner ; so compli
cated and abstruse is the whole science, and so mixed up with
local prejudices and visionary theories.
The fact is, that for practical application, all abstract princi
ples must undergo a degree of concrete integration ; and the
definite quantities and " constants" which had been dropped in
differentiation, must be restored. This is readily accomplished
by a resort to the first principles of things.
MEANS AND DATA. 43
5. Analogies of Natural Laws.
Then we have the analogies of natural laws, beginning with
the laws of inorganic matter, and ascending to those of the
vegetable, and finally of the animal. And as we rise in the
scale of existence, always of course, pay more and more respect
to the analogies which gradually approach the human being
himself. In the application of this principle, Comte made
great advances beyond Fourier, and Spencer, still greater ad
vances beyond Comte, and Carey also has made some use of
natural laws for analogies, but only or chiefly of those drawn
from the inanimate world. It is the introduction of these kinds
of analogies into Social Science, that seems to be its strongest
attraction to the modern physicists. And by their influence,
analogies which formerly were considered to be nothing more
than very pretty figures of speech, are now admitted to be
fundamental laws of the Science.
The great Social Scientists, such as Fourier, Comte, Spencer,
avow a causal connection between the lower order of creatures,
organic and inorganic, and the nature of man, individual and
social. Even Plato, Swedenborg and others, who do not appear
to accept the doctrine of a causal connection, make free use of
the resemblances.
6. The Tribe-Principle.
There is another principle upon which we build much of our
Social Science. It is the theory of the tribe ; namely, the theory
that the tribe-element of primitive stages of mankind, disap
pears as to its form, in modern or developed society ; but yet, as
to its essence, reappears therein under several different forms.
This we call the tribe-principle. The developments of this,
will be found frequently recurring in the progress of this work.
We have not met with any work on Social Science, hitherto,
which makes any practical application of the tribe-element, to
modern society.
7. The Type-Theory.
We have the type-theory ; according to which, the Individual
human being is regarded as a type of Family, and of all the
other personal units more complicated. And then, the Family is
likewise regarded as the type of the Precinct, and of all the
other Units more general than it ; and so on, up to the Nation,
44 BK - L SUMMARY INTRODUCTION. I. VII.
and even to Mankind. This is a very different idea, from merely
using the Individual man or any other animal, as the type of
society at large, as has been done by Plato, Hobbes, Spencer, and
many others. Besides the increased complexity and development
of our use of the thought, ours has a less outward, but a more
/noral, origin and nature. See that other view pretty fully
treated in the Westminster Review, January, 1860, in Spencer's
article, " The Social Organism." Extracts therefrom will be
found under the head of Individual.
The substance of our theory, as has been mentioned already,
is the typical ness of each and all the different personal elements,
or units of society : and this in such a sense, that each one is
typical of all those that are more general than itself.
The way whereby we came to alight upon this theory, was
this. In the course of the study of Social Science, it soon be
came apparent, that, amid such a conflict of different theories
and contending suggestions, it would be simply impossible to
weigh and consider them all fully and in detail ; and that
consequently, the disputes in Social Science could never be
settled in that way. The question then almost became, either
to give up the science in despair, or try to find some more prac
ticable method of proof. At last it appeared, that in nature
there are certain objects and circumstances, that, when used by
a proper instinct and not superficially, at once and by analogy
show forth results and consequences, with more certainty and
truth than the deepest or most complicated reasonings.
Tht case is, as Howson says, " When an important change is
at hand, God usually causes a silent preparation in the minds
of men ; and some great fact occurs, which may be taken as a
type and symbol of the whole movement."
For the proof of our theory of types, we appeal, partly to
the existence of typical forms in general, and to fundamental
analogies as existing in common sense, and as the data and basis
of the judgments of common sense.
It is a wonderful fact, that we often find in common life, and
even with inexperienced persons, a degree of common sense that
is truly surprising. And among the uneducated classes gener
ally, there seems to prevail more wisdom about many matters,
than can be found among those given to the deepest researches
of reasoning.
MEANS AND DATA. 45
One of the best, and probably one of the first cases, of the
analogy of the individual with human society, is given by St.
Paul, (1 Gor. xii.), and applied to the church. But evidently,
the principle is applicable to every form of human society, from
the Family upward. " For as the body is one, and hath many
members, and all the members of that one body, being many,
are one body: so also is Christ. . . . For the body is not one
member, but many. If the foot shall say, Because I am not
the hand, I am not of the body; is it therefore not of the
body? ... If the whole body were an eye, where were the
hearing ? . . . But now hath God set the members, every one
of them, in the body, as it hath pleased him. And if they
were all one member, where were the body ? . . . And the eye
cannot say unto the hand, I have no need of thee ; nor again,
the head to the feet, I have no need of you. . . . And those
members of the body, which we think to be less honorable, upon
these we bestow more abundant honor. . . . For our comely parts
have no need ; but God hath tempered the body together, having
given more abundant honor to that part which lacked ; that there
should be no schism in the body, but that the members should
have the same care one for another. And whether one member
suffer, all the members suffer with it ; or one member be hon
ored, all the members rejoice with it."
Fundamental analogies may be further perceived among ab
stract subjects and questions. Consider now, such questions as
the right and principle of civil government at all; or the true
principles of church organizations, or the relation of church to
state. The discussions on ordinary principles seem endless.
But, by fixing our minds on some of the simple but essential
elements of society, say, the Individual, or the Family, or
even on some one locality or Precinct, we obtain a type or
basis for a class of analogies which are not only suggestive, but
to a certain extent also, logically conclusive. Further illustra
tions will be found at the commencement of the part on the
"Individual" and especially at the commencement of the part
on the "Family" And the chief type and illustration is the
Family; even as Comte says, that it is both the unit and the type
of society at large.
The doctrine of fundamental analogies, harmonizes somewhat
46 BK. I. SUMMARY INTRODUCTION. I. VII.
with the old Platonic thought of the real existence of general
ideas and general forms. And it would seem that all creation
is but an evolution from, and a development of, these general
forms. Yet still our idea is not so much that, as this other
thought, that all life repeats itself more or less, and produces
microcosms ; that everything re-types itself, and that some of
these fruits are so closely and truly microcosms, that they may
safely be taken as typical forms.
Swedenborg also agrees, that by " correspondences" the ani
mals have their instinctive knowledge, and that man is like
them therein, (Heaven and Hell; 108 and 110), that uses are
the same in all worlds, but the same use takes different forms in
different worlds ; and that the correspondence in forms, results
from the sameness of use. (H. and H. ; 112.)
When the greatest philosophers and anatomists of the world,
were vainly endeavoring to reason out a great archetype, or gen
eral outline-skeleton for all animal life, the poet Goethe perceives,
that a leaf is the archetype wanted. Prof. Owen has enlarged
this idea into a system of creation according to an " ideal typical
vertebra," as in the Divine mind. But Owen, having confused
this capital thought with a very different one, namely, the purely
mechanical " old fogy" undevelopment-idea of creation, laid him
self open to cavil.
The basis of these fundamental analogies, seems to rest in the
very ultimate beginning principles of inanimate matter. In gen
eral, perhaps the theory is admissible that many of the primal
conglomerations or organizations in nature, are in the forms of
their totalities or ultimates ; crystals, in the form of their totality,
and the primal parts of seeds and germs, in the form of their
completed wholes, and the parts of the brain in the form of the
whole. And even all motion might be the result of the original
rotary motion, supposed to have existed in the beginning of
creation. Everywhere, from highest to lowest, in the move
ments of being nebula, suns, planets,* electricity, stomach,
blood EVERYWHERE we find the great element of circuitous
motion. However, it is beyond our depth, to give " positive"
knowledge of the foundations of fundamental analogies.
8. Ideals.
(a) Historical Ideals. Imaginary and ideal original states of
MEANS AND DATA. 47
society, are experiments of some kind, on our own minds, and
are efforts to reach the great archetypes within our own minds,
are latent activities on the basis of an inward type theory; so
that, among the data for Social Science, and among the scientific
means of improving it, may be mentioned this inevitable tend
ency of the human mind, to imagine peculiar states of society
in its most simplified forms : Thus, the church-hypothesis, of
one original pair for all Mankind, and they created in a state of
moral and intellectual perfection : Also, the opposite hypothesis,
that Mankind were originally a set of barbarians, but little if
any, superior to the unreasoning animals. Each of these oppo
site hypotheses answers to explain different phenomena of society.
The church-hypothesis explains the laws of the moral nature of
individual man ; whilst the barbarian hypothesis serves to explain
the scientific, social, and governmental progress of Mankind as a
race or as a whole.
Then, again, imaginary conditions of society, and imaginary
positions of Individuals may be conceived ; and these may serve
to show the superior worth of man and life, above all fashions
and property and earthly distinctions. They also help us to
form a judgment as to what are the strongest passions of human
nature. The principle is just like the great advice, to do unto
others as we would that they should do unto us : it is an experi
ment upon our own moral consciousness.
(6) Prospective Ideals. This sort of reasoning is the founda
tion of ideals- for the future of human society; and thus, of
hopes for society, and thus becomes a guide of struggles for the
improvement of Mankind. But imaginary states are, in the
main, necessary to the pursuit of any study, in a truly analytical
method; for the subsequent re-integration that is necessary to
form science, cannot follow without ideals as to mental aim.
Nor is our ideal to be supposed to be a reach at absolute per
fection. On the contrary, it is an ideal modified so as to come
within the writer's ideas of present human possibilities. And
it is by no means supposed to be the end of all progress or of all
ideals, on this subject. As for its scientific value as an aid to
study, we hope to place our ideal at least in the same category
as Plato's Republic, More's Utopia, Fourier's Association, and
Ball oil's True System of Human Society ; and that is not saying
48 BK. I. SUMMARY INTRODUCTION. I. VIII.
very much for either of them. Its practicability is altogether
another question, and is reserved for its proper place in a sepa
rate "book." Our ideal is such a universal cooperation as
would have to be called Limited or Christian communism. By
communism, we mean, not freedom of sex, but cooperation and
mutuality, in religion, in self-government and in industry,
in incomes, and labors, and general life, in all things moral
and lawful, and by doing to others perfectly as we would be
done by, as only can be done in " association"-life.
Judaism owes much of its power to its having its ideal king
dom of the Messiah, as its central point, which it was its duty
constantly to seek; and which it was certain it would finally
attain.
9. Efficacy for solution of phenomena.
But the greatest and best proof of the excellence of our theory,
is of the same kind as presents itself in every science, namely,
the success of the applications of our individual theories, to the
solution of all the facts, and to the general classification of the
subject as a whole. This argument is of such a nature, that we
hope it will gradually increase, even to the end of the last divi
sion, where it comes to be applied to the difficult problems
and relations of civil government, of religion, communism, and
human life. But yet, so thoroughly is the nature of this sort
of argument understood in the physical sciences, that we scarcely
need mention it again.
CHAP. VIII. THE METHOD. ANALYTICAL.
In a new and undeveloped science, some greater attention to
preliminaries of method and arrangement, may be excused, and
is even demanded, than in the case of the more developed and
better ascertained sciences.
There are two main methods of pursuing any science, the
analytical and the synthetical. The synthetical consists in lay
ing down the subject in a regular and connected order, so that
what follows is generally based upon what precedes, simply as
possible, and sustained by demonstrations of the truth of what
has been said. The analytical, is the handling of the constituent
parts of a subject in the various ways POSSIBLE. It consists,
first, in taking the subject all apart and considering each part
THE METHOD. ANALYTICAL. 49
separately, then combining those parts together repeatedly, with
a view to forming some synthetical arrangement. But, as first
attempts are generally unsuccessful, the first forms of synthesis
will be unsatisfactory. Then the whole subject must necessarily
be re-analyzed. And this process continues to be repeated, with
an increase of knowledge and experience gained by previous
operations ; and all this, in regard both to ideas and to general
classifications. And, in the sense in which we are here using the
words analytical and synthetical, they are both included in the
term inductive, as distinguished from deductive. And the term
deductive applies to the synthetical, chiefly as to the deduction
of the classifications. We deduce mostly forms, not substance
nor inferences, by this method of thinking.
Another feature of the analytical method is, that we pursue
our studies in regard to all the different parts of the subject at
the same time. In fact we do this in the same manner, to some
extent, as if they were entirely different subjects, but constantly
are on the watch for every suggestion that may arise, of com
parisons with or relations to, any of the other parts of the sub
ject as a whole. We seek ideas within our own minds, half
ramblingly it may be, just as a physicist wanders over the. earth
for glacier-stones, fish-bones, and stone hatchets. And this is
exactly the point of the process where new ideas arise. - : " ,,
Another point of contrast between the two methods is, that
the synthetical usually aims to be argumentative, in such a way
that argumentative conclusions are constantly intended and
looked for, in such works as admit of argument ; so that they
are valuable chiefly in proportion to the soundness and variety
of the arguments adduced. But the analytical process is gener
ally corrupted, at least at first, in proportion as it has in mind
any particular theory or object to prove. So that, while synthe
sis aims to prove this or that particular truth already believed
in, analysis hunts and seeks for any truths it can find that ap
propriately relate to the subject.
One word as to the manner in which this work has been
wrought out:' The manner has been purely analytical. After
storing the mind with much that others had written ; and writing
short notes or essays on various points as they occurred, writing
perchance on the same day, short essays or notes on parts of the
4
50 BK. I. SUMMARY INTRODUCTION. I. IX.
subject the most distant or the most unlike : we found that the
facts or doctrines thus having been cut up and analyzed, sug
gested other points or positions or questions, which all had to be
noted down immediately, to be afterwards further examined.
And subsequently, all these suggestions had to be arranged and
compared and collated together. This part of the process was
synthetical, and made further suggestions, whereby the work be
came what it is. And all these various changes took place, as
well in regard to the methods forms and classifications of the
ideas, as in regard to the ideas themselves.
CHAP. IX. THE CLASSIFICATIONS.
1. The Classifications in general.
One objection to most Social Sciences is, that their writers,
each has his own peculiar pet scheme or theory, and frames
his whole work so as to be a special pleading in favor of some
such theory. Now, to have a theory is no objection; but to
twist the classification to suit it, to have only ONE theory, and
to stake the treatment of a whole philosophical work, to favor
such a one theory, is a thing not done in other sciences claiming
to be inductive or philosophical.
The first great desideratum in Social Science, would be a work
which would give such a scientific and truthful general outline
of the subject, as could be easily used in any of the diiferent
theories on the same subject. Thus it would be a real analysis
of the subject itself, objectively, as to its generally ascertained
facts and principles. The originator of such a classification,
containing at least a compend of the principal ideas on the sub
ject, would be a lasting friend to posterity; even should it not
add any single new idea to our stock of knowledge about it.
For classification is the foundation and essential of all the sci
ences.
Now, it seems that the principal merits of a scientific classi
fication of any book, besides those already mentioned, are that
it be such as to avoid repetitions as much as possible ; that it
arrange the different parts in such an order of succession, that
what precedes will facilitate the understanding of what follows :
and that that which precedes, will also serve as argumentative
premises, for reasonable conclusions in the parts that follow.
CLASSIFICATIONS OF SOCIAL SCIENCE. 51
This latter attainment, however, is rarely possible, consistently
with the other two, and in an analytical work of this kind, can
hardly be expected. So then, our classification may be consid
ered successful, in proportion as it avoids repetitions, and ar
ranges the parts that precede, so as to make intelligible those
that follow, trusting to the consistency of the whole, as one
of its main arguments.
We will now endeavor to do what is certainly a very hard
thing to do, namely, to classify the classifications of this very
abstract subject.
2. Zoological Classifications.
(a) Zoological, By others.
The Zoological classifications of Social Science, trace analo
gies with the various parts of a man, or other animal.
Spencer in Westm. Rev., and in Ills. Prog., has shown many
of the advantages and disadvantages of this form of treatment.
Plato adopts the correspondence of reason, will, and passion, for
the divisions of society. Hobbes adopts "that Leviathan great
man called the commonwealth," and its parts. Swedenborg
makes the societies of heaven and hell, to be in the " forms" of
a man, and carries out the analogies into the very minute parts.
It has often seemed to the writer, that Spencer's splendid classi
fication for vegetable and animal Biology, might, with slight
adaptations, be equally splendid for Social Biology ; namely, for
Social Science itself.
(b) Zoological, By us.
The writer's first classification was MEDICAL and biological,
as follows : and in the subdi visions of each of the five main
parts, all the ones (1 s ) correspond with or relate to each other,
and all the twos (2 s ) with each other, and so on, with the 3 s
and 4 s .
(I.) Social Physiology.-
1. Sensible System.
2. Vital System.
3. Motive or Mechanic System.
4. Life-power in its totality.
(II.) Social Therapeutics.
1. Theory of Medicine.
2. Practice of Medicine.
3. Pharmacy.
4. Hygiene.
52 BK - I- SUMMARY INTRODUCTION. I. IX.
(III.) Sociological Powers and Organs.
1. Mental, Moral, Psychological, Mysterious and Philosophical.
2. Vital, Circulative, Unseen, Scientific.
3. Motive, Mechanical, Material, Structural, Obvious, and Political.
4. Harmonious, Completed result, Perfect cure, and Limited Com
munism.
(IV.) Classes of Society.
1. Moral and Religious classes.
2. Intellectual and Educated classes.
3. Physical classes.
4. Holy Instinctive classes (?)
(V.) Departments of Government.
\. Constitutions.
2. Laws.
3. Usual Offices.
4. New Offices.
3. Abstract Ungeneric Classifications.
Albert Brisbane classifies thus : Education : Industry : Social
Laws and Institutions : Government : Religion : Accessory
Branch, including Fine Arts and Sciences.
The Chinese " Statutes and Rescripts of the Great Pure Dy
nasty," are arranged thus : General : Civil : Fiscal : Ritual :
Military : Criminal : and Public Works.
Carey suggests as main divisions, simply: Political Econ
omy : and Jurisprudence.
Mulford in his preface, implies a classification which may be
expressed thus : Political Economy : Jurisprudence : Statistics
(or Statics?): Political History: and Political Science in general.
Here follow classifications by five great institutions: and then
follow two of our Summary ones. (A) is of the British Assoc.
of Soc. Science. (B) is of the European International Associa
tion. (C) is of the American Assoc. of Soc. Science. (D) is of
the Western Social Sci. Association. (E) is of the School of the
French Empire, for its course of studies. (F) is our Summary
of these five, made for a comparison of them with one of our
classifications, to be given hereinafter. And (G) is ours, modi
fied here for the comparison.
The perpendicular lines vary, so that the spaces between them,
will carefully exhibit the comparative scopes, of the works and
of the sub-headings of their respective authors ; i.e.. Law in (B)
means more than in (A), but less than in (C). Finance in (D)
CLASSIFICATIONS OF SOCIAL SCIENCE. 53
means more than in (E) but less than in (F). And the whole
line or scope of (B, D, E or F) means more than in (A) or (C)
and less than in (G). And crime in (A) consists of a part of
what (B) calls " Law," and a part of what it calls " Health and
Charity."
Social Economy | Law | Crime . . . | Health . . | Education |
Pol.-Economy | Law . . . | Health and Charity . . | Art & Literature |
Finance . . . j Law j Health . . | Education |
Finance . . . | Law | Health . . | Education | Fine Arts |
Finance . | Political Economy | Law | Statistics | . . ? . . |
Financial . . . | Political . | Legal . . | Philosophical . . . |
Property . . . . | Politicals | Philosophical | Personals |
4. GENERIC CLASSIFICATIONS.
(a) Generic, By others.
Fourier's ideas may be classified thus :
(I) Universal laws of matter and mind. (1) The series dis
tributes the harmonies. (2) Attractions are proportioned to Des
tinies. (3) Analogy is universal.
(II) Fundamental passions of human nature. (1) Sensuous
desires. (2) Moral-Social affections. (3) Intellectual and dis
tributive impulses. (4) Unity-ism.
(III) Fundamental elements of society. (1) Capital. (2)
Science. (3) Labor.
(IV) Attractive industry ; chiefly by means of groups within
series, systematically and harmonically arranged.
Both Comte and Spencer divide Social Science into Statics
and Dynamics ; but disagree as to what are the lines, or even
what the principles, of the division.
Comte's view of Social Science is given as his Social Physics,
and may be condensed thus : Principal Philosophical Attempts
at a Social Science : Characteristics of the Positive Method in
Social Phenomena: Relation of Sociology to Positive Philos
ophy; Social Statics, or Theory of the Spontaneous Order of
Society, including the Individual, the Family, and Society in
the abstract.
Social Dynamics, or Theory of the Natural Progress of So
ciety : First Theological Phase, Fetichism, Beginning of the
Theological and Military System: Second Phase, Polytheism,
Development of the Theological and Military System : Third
Phase, Age of Monotheism, Modification of the Theological
54
BK. I. SUMMARY INTRODUCTION. I. IX.
and Military System : Metaphysical and Critical Period of
Modern Society : Final Tendency of Modern Society : Final
Action of the Positive Philosophy.
Spencer's " Social Statics" is divided as follows : Funda
mental Principles : Personal Rights : Political Rights : Connec
tion with Social Dynamics.
His proposed new work, which seems to be his Dynamics,, is,
(like Comte's,) to consider historical progress mainly ; but is to
be divided as follows : Pata of Sociology : Inductions of So
ciology : Political Organization : Ecclesiastical Organization :
Industrial Organization: Ceremonial or Custom-Organization:
Lingual Progress : Intellectual Progress : ^Esthetic Progress :
Moral Progress : Consensus.
(6) Our Generic Classification.
Table H.
Supreme .rrm- Summary Introduction to
ciplesofSo- Social Science
cial Science J 1
<
Individual
Highest
Division I :
Instinctive or
Spontaneous
Family
Social Circle
Analytics of
Social Science
Elements, i.
e., Units
Precinct
Nation
Mankind
Rational De- | f
liberative > < Corporation
^ Element J [
Highest
Supreme Prin- "
ciples of
Synthetics
Introduction to Synthetics
in general
Division II :
Physical Ele
> Property
Life
Synthetics of
ments
Health
Social Science
> Intellectuals
Metaphysical
Morals
Elements
Civil Government
^
^ Limited Communism
The Science of Society is not yet sufficiently developed, to
express its two main divisions accurately ; although the general
conception seems clear enough. The division into Statics and
Dynamics, (of Comte and Spencer,) is evidently too materialistic,
inorganic, and lifeless. But Primary and Secondary, speaking
CLASSIFICATIONS OF SOCIAL SCIENCE. 55
in a figure from Geology, might answer. Or Anatomy and
Physiology; or Structure and Functions. Or we might say,
Pure Social Science, and Applied Social Science ; because, in the
degree of abstractness, the Analytics is related to the Synthetics,
somewhat as Pure Mathematics is to Applied Mathematics. But
we prefer the terms Analytics and Synthetics. And then sub
divide as annexed.
(c) Some Higher Comparisons.
This classification (H) by summing it up differently, namely,
as our (G) in the ungeneric classifications previously given
(IX. 3), may be compared with the one (F), there suggested as
a summary of the classifications of the five great institutions
there cited. This comparison may be made thus :
Economical or Financial = Property.
Political, includes, Precinct, Nation, and Corporation.
Legal is Health, Civil Government, and Communism.
Philosophical only touches Summary Introduction, Individ
ual, Family, Social Circle, Mankind, Introduction to Synthetics,
Life, Intellectuals, and Morals.
Approximating the three in tabular form, thus ;
* * 1
Gl
H
| Property
Property
. . . Po
Precinct
Nation
Corporation
liticals
Philosophicals ....
Summary Introduction
Mankind
Introduction to Synthetics
Life
Intellectuals x
Morals
I
Personals |
Individual
Family
Social Circle
Health ....
Civil Government
Limited Communism
Compare with the outline of Mr. Spencer's PROPOSED Sociol
ogy. In which of course we can only guess where he would
place them.
Spencer's. Ours.
Data of Sociology \
Inductions of Sociology } ' ' ' '
Ecclesiastical Organization
Custom Organization Social Circle
C Precinct
Political Organization . J ^ ation ,
J Corporation
(^ Civil Government
Industrial Organization Property
Lingual Progress ) T , ,, ,
Intellectual Progress / Intellectuals
56
BK. I. SUMMARY INTRODUCTION. I. IX.
Spencer's.
Esthetic Progress
Moral Progress
Consensus: and interdependence of
structure and function.
Ours.
{Intellectuals
Morals
( Health
I Individual
1 Family
^ Morals
Introductions
Mankind
Communism
(d) Some Transcendental Analogies.
The general relation between our Analytics and Synthetics,
is analogous to the two kinds of primal forms of solid matter
" Matter has two solid states, distinguished as crystalloid and
colloid; of which the first is due to union of the individual
atoms, and the second, to the union of groups of such indi
vidual atoms ; and of which the first is stable and the second
unstable." And again those two primal kinds are typical of the
still more primal fundamental kinds, namely solid and gaseous;
(because liquidity is only a transient state of matter, in its pas
sage from solid to gas or from gas to solid.) Our Analytical
Elements are supposed to be socially the individual atoms ; the
Synthetics are supposed to consist of groups metaphysically, and
hence are more complicated.
Next observe two ascending series, resembling the octaves of
the major scale in music, (do, re, mi, fa, sol, la, si, do,) one of
which takes in the whole eight parts of the analytics ; and the
other, the whole eight of the synthetics. They are to be read
from the bottom, upwards. Musicians will understand them.
Analytics.
8 Corporation.
7 Mankind.
6 Nation.
5 Precinct.
4 Social Circle.
3 Family.
2 Individual.
1 Introduction.
Synthetics.
8 Limited Communism.
7 Civil Government.
6 Morals.
5 Intellectuals.
4 Health.
3 Life.
2 Property.
1 Introduction.
CLASSIFICATIONS OF SOCIAL SCIENCE.
57
In the following four classifications, let all the ones (1 s ) be
compared with each other, and all the twos (2 s ) with each other,
and so on ; and some resemblances will be observed, besides the
more obvious ones between 3 s and 4 s and between 7 s and 8 s .
Comte's Final Outlines.
1 Introduction.
2 Mathematics.
3 Astronomy.
4 Physics.
5 Chemistry.
6 Biology.
7 Sociology.
8 [Ideal Humanity.]
Our Synthetics.
1 Introduction.
2 Property.
3 Life.
4 Health.
5 Intellectuals.
6 Morals.
7 Civil Government.
8 Limited Communism.
Our Analytics.
1 Introduction.
2 Individual.
3 Family.
4 Social Circle.
5 Precinct.
6 Nation.
7 Mankind.
8 Corporation.
Oken's Outlines of Biology.
1 Organ osophy.
2 Phytogeny.
3 Phyto-physiology.
4 Phytology.
5 Zoogeny.
6 Physiology.
7 Zoology.
8 Psychology.
We have many other such analogies, but have concluded to
omit them.
5. Our Order of Publication.
As in music the tunes are made by generally deviating from
the order of the gamut, so in the actual publication of our ideas,
and for convenience' sake ; because those ideas will have to be
published only gradually and in parts, as separate works, we
will adopt a different GENERAL grouping. But what that gen
eral grouping may be, we do not know in advance ; only this
much. Our New Theory of Social Science would be pretty
fairly represented by (I) Summary Introduction, or Theory of
Social Science in General. (II) The Primary Fundamental
Politico-organic elements, namely, Precinct, Nation and Corpo
ration. And (III) The Ultimate Ideal, viz. Limited Commu
nism. These subjects (we say nor mean not, our treatment of
them) make up a real Principia of Social Science.
58 BK. I. SUMMARY INTRODUCTION. II. I.
SUMMAEY IITTKODUCTIOlSr TO
SOCIAL SCIENCE.
PART II.
PRINCIPLES OF SOCIETY ITSELF.
CHAP. I. PRELIMINARY.
THAT part of Social Science which treats of the fundamental
principles of society itself, taken as a distinct part from the
principles of the SCIENCE, goes on the assumption, that society,
like any other part of nature, has its own rules, its own princi
ples, and its own laws, a set of higher laws which embrace
and over-rule all that governments and governors and individ
uals do ; whether they will, or not. And, to investigate these
higher laws, is one of the principal objects of Social Science,
and is the particular object of this second part of this Intro
duction. Those laws which are too general for any other part
of the work, are collected in the Introduction. They are ar
ranged, not so much in the order of subject or matter, as in the
order of their abstractness and generality.
CHAP. II. MOST GENERAL SOCIAL LAWS.
1. Differences of Degrees of Things.
In the higher organizations of the world, whether material or
social, differences of degree are often more important than dif
ferences of kind. For instance, the difference between the most
improved and the least improved men, of any one and the same
race, is greater than the difference between the most improved
of the lowest race and the least improved of the highest race ;
and the higher you rise in the scale of being, the more impor
tant the difference of degrees becomes. Hence, we are never to
be disturbed, in the separation of things widely different, be
cause of there being a difficulty or even an impossibility, of
exactly expressing or drawing the line, between them.
In every question relating to the subject of governmental
MOST GENERAL SOCIAL LAWS. 59
action, the question of the degree of interference, is more impor
tant than the abstract one, of interference at all. And this
holds true as to every kin<J of government, from that of a man
over his dog, to that of the Supreme Being over the universe.
Moreover, it is as important a question, when referring to the
differences of the elements of materials of organic worlds, as to
the differences between moral rights; as we will now try to
show.
This introduces the consideration of the functions of the in
finities, the differentiations and integrations in the " calculus,"
whereby infinite differences in the degrees, make entire differ
ences in the kinds, of the things considered. In a subsequent
work we may perhaps show, that creation itself was probably a
process of infinite integrations from nothing, and that the im
portance of degrees pervades all creation, in regard to the first
principles of things.
The solution of the analogies between the physical and the
intellectual world, can be found in only one or the other of two
alternatives ; namely, either in the Doctrine of Universal Cor
respondences, or in our doctrine of creation by integration. But
yet, these two alternatives are not incompatibles. For, if the
doctrine of correspondences is true, our doctrine of creation by
integration does not interfere with it, but affords the only rational
explanation of it.
All the other explanations of creation are utterly unsatisfac
tory. For, materialism is merely a hiding of ignorance, behind
a cloud of scientific classifications. And Pantheism, whether
true or false, is of no practical use in the solution. For, whether
God created matter out of nothing, or whether He himself only
takes the form of matter ; neither alternative explains how mind
becomes matter, nor how matter becomes mind. And the doc
trine of the eternal self-existence of matter, cannot explain how
matter becomes mind, only by going back to Pantheism. In
fact, both the materialistic and the Pantheistic philosophers,
meet and stop at this point of the harmony of the physical with
the social laws.
Spencer's great idea, and what runs through all his works,, is,
the idea of EVOLUTION from homogeneity into heterogeneity;
and that when unity becomes differentiated into plurality, each
(JO BK. I. SUMMARY INTRODUCTION. II. II.
factor becomes an outward condition tending to produce changes
in the other factor. But yet he utterly ignores and denies the
idea, of inherent or spontaneous power, in any factor, to change
itself. (See Biology, 373, and elsewhere.) How strange it is,
he cannot see, that if the germ of an animalcule, for instance, has
no spontaneous power to change itself, neither could the original
nebula of the universe have had any such power, either by the
principle of " infinite chances, 77 or by any other principle.
2. Analogies with Physical Laws.
In addition to what have been previously given, we now give
some of Carey's "General Social Laws," (abridged edition,
pages 526 and 527.) " The simple laws which govern matter
in all its forms, and which are common to physical and to
SOCIAL SCIENCE, may now be briefly stated thus : " All par
ticles of matter gravitate towards each other, the attraction being
in the direct ratio of the mass, and the inverse one of the dis
tance. 77 . . . " All matter is subjected to the action of the cen
tripetal and the centrifugal forces ; the one, tending to the pro
duction of local centres of action ; the other, to the destruction
of such centres, and the production of a great central mass obe
dient to but a single law. 77 . . . " The more perfect the balance
of these opposing forces, the more uniform and steady is the
movement of the various bodies, and the more harmonious, the
action of the system in which they are embraced. 77 . . . " The
more intense the action of these forces, the more rapid is the
motion, and the greater the power. 77
" Such are the laws which govern masses and atoms [i.e. re
spectively] ; but there are other laws, in virtue of which, masses
are reduced to atoms ready to enter into chemical combination
with each other ; the tendency towards combination, existing in
the direct ratio of the perfect individualization of the particles. 77
These laws are : " That heat is a cause of motion and force ;
motion being, in its turn, a cause of heat and force. 77 . . . " The
more heat and motion produced, the greater is the tendency
towards acceleration in the motion and the force. 77 . . . " The
more the heat, the greater is the tendency towards decomposition
of masses, and individualization of the particles of which they
are composed, thus fitting them for entering into chemical com
bination with each other. 77 . . . " The greater the tendency
MOST GENERAL SOCIAL LAWb. gl
towards individualization, the more instant are the combina
tions, and the greater the force obtained." ..." The more rapid
the motion, the greater the tendency of matter to rise in the scale
of form." ..." At every stage of progress, there is an extension
of the range of law to which matter is subjected, accompanied
by an increase of the power of self-direction, subordination and
freedom, keeping steady pace with organization."
" Studying man, we find : " That, association with his fellow-
man is a necessity of his existence." ..." That, his powers are
very various, and that the combinations of which they are sus
ceptible are infinite in number, there being throughout the world,
no two persons who are entirely alike." . . . "That, the develop
ment of those infinitely various faculties, is wholly dependent
upon the development of individuality." ..." That, the greater
the diversity, the greater is man's power to control and direct
the great forces of nature, and the larger is the number of per
sons who can draw support from any given space, and the more
perfect the development of the latent powers of both earth and
man." ..." That, the more perfect the development, * * * the
more rapid is the societary motion, and the greater the force
exerted."
3. Metaphysical operation of Social Laws.
The Social Laws in general, operate, not like physical laws,
regardless of men's faith or opinions about them } but to a great
extent, they operate like the spiritual and religious laws of con
science ; that is, they operate according as men have faith and
expectation. At any rate, many of the laws of Social Science
produce their effects, only as they are apprehended, and by being
apprehended, by the reason and feelings of men. Thus, Distrust
will bring a financial revulsion or " panic," whilst calm trust or
heedless indifference or even ignorance, will sometimes avert one.
Thus it is that speculation interferes with the legitimate opera
tion of so many of the laws of Political Economy, and thus makes
the study become one of human nature and of metaphysics, in
stead of a study of finance. The metaphysical conditions which
modify laws, and often even reverse their supposed effects, are
not the mental states of those by whom the laws are made, but
of those by whom and to whom the laws are to be applied.
Hence, it comes to pass, that the intentions of law makers are
62 BK. I. SUMMARY INTRODUCTION. II. II.
nothing towards the success of civil laws ; nor commonly are
the intentions of voters or electors much towards the success of
getting either the candidates or the measures they want.
4. Condensation of General Social Laws.
Spencer's four great principles are, (1) That evil is the result
of non-adaptation of character to circumstances. (2) That the
better, both of principles and races, are the stronger and will
gradually prevail over the worse, and thus evil tends gradually
to disappear. (3) That every person has a right to entire lib
erty, so far as his liberty does not interfere with the equal liberty
of other persons. (4) That this principle of equal liberty is the
principle of justice, and must be supplemented by an additional
principle of " negative beneficence :" (Soc. Stat. p. 98) namely,
" voluntary abstinence, for the sake of others, from the full ex
ercise of our just rights." But we do not think he succeeds in
showing how this latter will be accomplished.
Miraculously or else traditionally Revealed Religion, alone can
save society, as well as the Individual. It saves by general prin
ciples and general means, which are real causes. These causes
are already introduced into human nature, history and society.
Nevertheless, God still has a connection with, and personal rule
over those causes, and also over persons, so that the ignoring
of God, is rebellion against him, and so, necessarily produces a
false philosophy. To ignore God, even in the spontaneous dis
appearance of evils, is to put stops to the working of the Cause
of the spontaneous disappearance, and, therefore, stops to the
disappearance itself.
The spontaneous elimination and evanescence of evils, is only
of WEAK evils ; unless, onthat ETERNAL and infinite plane, un
known to mortals, where evil itself may be shown to be weakness.
It is true yet, and must continue true for a long time, that
morality and government must be the chief reliances, as substi
tutes for that Animal instinct which guides brutes ; and, for that
science of humanity which is not yet known.
"All force expended in one direction, is lost in some other
direction. No force is without its reciprocal action." The earth
holds the moon in its course, but yet the moon makes the tides
on the earth, and even draws the planet itself, some measure, out
of its regular course. Compulsion spoils those who use it.
MOST GENERAL SOCIAL LAWS. 63
" Man, can neither create nor annihilate," passions nor social
powers, any more, than physical ones. "All that he can do, is
to direct these forces," and to set them to balancing each other.
Within certain but only narrow limits, wants create facilities
and inventions and discoveries. This, it may be hoped, will
occur, accordingly as men are brought more and more to see that
they have great and real social needs, and to see the evils of their
own systems.
The social organism is like the individual, in being subject to
a law, whereby there takes place a process of adaptation of per
sonal character, to the conditions of Nature and of circumstance.
But still, it is the duty of Society's doctors, " to AID Nature."
As Spencer (Biology, 377) says, " In civilized man there is
going on a new class of equilibrations, those between his (own)
actions, and the actions of the societies he forms. (First Prin.
135). Social restraints and requirements are forever altering
his activities, and, by consequence, his nature ; and as fast as his
nature is altered, social restraints and requirements undergo
more or less re-adjustment."
The higher the being, whether vegetable, animal, or society,
the more true it is that it will have a separate organ for every
different vocation or function.
The makers, judges, and executors of laws are human ; and
hence, selfish and shortsighted. And therefore we must consti
tute our laws accordingly ; remembering the unreasonableness,
&c. of the men who are to administer them.
Government of all kinds, whether civil or communistic or
family, must be absolutely free in proportion to the number
of individuals involved in the application of any principle of
law, and to their distance in space, and to their nearness in
morality and intellect.
The rights of the great divisions or Units of society, must
ever be held inviolate. And in mature society, there are princi
ples evolved which are of equal rights with the units.
Laws have more than one effect; and any designed effect
requires a simultaneous law-arrangement of two or more laws,
to accomplish it; like compounds in medicine, and like the
correcting lenses of the telescope.
The more fit concrete and nearer, anv function, instinct, or
64 BK. I. SUMMARY INTRODUCTION. II. III.
organ is, to its proper direct action, the less must be the applica
tion of balances or checks ; and vice-versa.
We must remember the dualism, of even the good powers and
orders, that exists everywhere in nature ; and which, in Soci
ology, divides the representative powers, and requires laws to be
double, to counteract each other's refractions.
Duality runs through nature; in sexes; in centrifugal and
centripetal powers ; in growth and decay ; in attraction and
repulsion; in mind and body; in church and state; in two
parties; in two kinds of chemical affinities; in two kinds of
electricity ; in good and evil ; in day and night, &c. The dual
ity we are speaking of, is not like that which Fourier speaks of,
namely, one of alternation and subversion ; but it is a duality
of concurrence and production, and is like the duality of sex
which pervades all nature, and which perhaps originates from
the same deep and hidden causes as sex itself. Everywhere, the
world is propelled, and both things and thoughts begotten, by
the duality of Resemblance and Contrast.
CHAP. III. EQUILIBRATA OF SOCIETY.
1. Spontaneous combining powers.
The spontaneous combining powers in society, act to combine
both those that are alike, and also those that are opposite.
These combining tendencies consist of two entirely different
kinds. On the one hand, persons whose interests and feelings
are alike, will join together more or less permanently. And on
the other hand, those classes and races which are very opposite
to one another, will naturally seek each other's society ; because
of the good that each can do to and for the other, and because
each supplies qualifications that the other lacks. This is the
relation between the highly educated and the entirely ignorant.
This also is the relation between the very rich and the very poor.
It seems even to find a counterpart in the tacit peace between
Roman Catholics and Quakers ; when they both perhaps are at
" outs" with nearly all the other denominations.
These sorts of combinations sometimes or frequently take a
political form, and result in some of the most unexpected and
reactionary movements in government. The Tories and the
Radicals of England often unite with such results. These re-
EQUILIBRATA OF SOCIETY. 65
suits seem to follow also from other causes. Oftentimes men are
found who take special pains to convince the world,- that they
themselves are free from the prejudice that might naturally be
expected in their class. Thus, the Commoner will take extra
pains to show by his manners and sentiments, that he is not a
u Plebeian" ; and with a similar ambition, the nobleman will
espouse the interests and the measures of the poorest and most
needy. Sentiments thus espoused in the first place out of mere
love of approbation, become in time the sincere convictions of
their hearts, or at any rate, the permanent policy of their lives.
The result is also aided by this, that there are always some per
sons who will become peculiarly' disgusted with other persons,
for the very prejudices and errors with which they themselves
have been most familiar, namely, those of their own class. And
to become disgusted with our own evils is rather a good sign.
A careful observer of society, soon perceives the mutual at
traction between the highest and lowest classes. The American
internal war, and indeed most other such wars, have been pro
duced by a union of the very opposite classes of society. In
fact, these two classes generally act together in England, as well
as in this country. That same worldliness which is generally
the cause and effect of splendid success in the fortunate, pro
duces in the unfortunate, indolence and vice, which soon sink
them to the lowest strata. That same worldliness produces, also,
an inability to appreciate that which is best and -most interior in
morals and religion, and a tendency to the showy and the exter
nal ; hence there come certain moral sympathies between these
opposite classes, far stronger and deeper than are commonly
found from either, towards the middle classes. Then also, the
distance is so great, that friction, collision, and even emulation
and envy, are precluded. And then again, each of these classes
can do for the other, what the other is most apt to need or to
want, both in things that are right and also in things that are
wrong.
On the other hand, the highest and lowest live more nearly
to nature, than the middling classes. The lowest live so, as a
matter of course. The highest live so, because they are elevated
above the comparative necessity for those restraints, both on pas
sion and appearances and generosity, which trammel the middle
QQ BK. I. SUMMARY INTRODUCTION. II. III.
classes. Neither party being much afraid of " society," and both
being strongly set in their own way even by principles, the world
fears them, respects them, and even tolerates in them, vices and
oppositions which it would set itself against with crushing force,
in the middle classes.
The good order of society, requires the ultimate supremacy of
the middle classes, in the actual administration ; but at least the
equality with them of the highest and the lowest, in the consti
tution and laws. But we know, that the exact opposite is often
the real state of the case, and government is too often adminis
tered by secret coalitions between a handful of the very highest,
and the leaders of the mobs, and thus with the mobs themselves.
2. Spontaneous quarreling powers.
The quarreling powers depend somewhat, upon the oppositions
of the combining powers just above mentioned. As human
nature has so many faults, and as the faulty are least apt to
bear with the faults of others, it soon arises that those persons
and those classes ages and races, who are quite near together,
both in interests and feelings, become prejudiced against each
other personally, or become rivals in pursuits, and perhaps both.
This occurs as soon as outward pressure is removed. And then,
unless the relationship between them is maintained by very close
bonds indeed, so as to form personal or corporation-friendships,
the parties will become bitter enemies. Hence, ages races and
classes who are near each other, are apt to quarrel among them
selves, and form cliques in social intercourse, or parties in
politics.
3. Spontaneous Reactionary powers.
There is a class of latent, corrective, and oscillating, social
powers. But the PRINCIPLES of the reaction lie deeper in
nature than we can very easily explain. But one of its ele
ments evidently is a love of novelty, or rather, a tendency to be
fatigued by sameness, even of the best things ; and of course,
much more so, by the worst things. By this law, an age of
infidelity will sooner or later be succeeded by one of belief; an
age of sham and form, by one of sincerity and spirit. Things
after long disuse, will sometimes come up again with all the
charm of novelty, added to their natural beauty.
This is probably the same law that Comte hints at, when he
EQUILIBRATA OF SOCIETY. (37
mentions ennui,. as one of the bases of hope for the improvement
of society.
A notable instance of this law is, that " one of the latest nov
elties in French journalism, is to make considerable use of the
New Testament. Alexander Dulnas so thoroughly appreciated
the love of novelty, which characterizes his countrymen, that,
in one of his novels he incorporated a large part of one of the
Gospels, with great effect. To many of his readers it was the
newest part of his book."
Again, take the case of children. Children suffer in conse
quence of their parents' faults, both by general consequences,
and by the particular consequence of the entailment of a heredi
tary tendency to the same fault. This, under Christianity, causes
the children to dislike the fault as a kind of inherited slavery.
The sin in the parents, having been more or less voluntary, was
guilt : but in the child, at first, the tendency or the fault not
being of moral freedom, is not guilt, and so makes room for the
possibility of more or less of self-developing cure, which, real
guilt would perhaps not be able to accomplish.
In human nature there are certain sympathies for the injured
and the down-trodden, that will sooner or later arouse influences
for their relief. Even if a class are so far down in the social
and moral scale, as seldom to furnish to outward observers any
instance of the nobler or better powers of human nature, if they
are so low that FACTS can say but little in their favor; then FIC
TION will take up their cause, and fancy will imagine and paint
specimens of their imaginary heroes in unknown circumstances.
The lower and more degraded the class really is, the more
strange, the more picturesque, the more startling, and the more
effective, the fiction will prove. It is in strict accordance with
these great principles, or metaphysical laws of society, that the
book called Uncle Tom's Cabin has had such a powerful influ
ence in counteracting slavery. Similar tendencies worked in the
Middle Ages, aiding in the emancipation of the European serfs.
One of the principal features of modern fiction consists, in the
exhibition of unexpected goodness in that unfortunate class of
women, for whom general society seems to have no practical
sympathy, and in regard to whom, those who have sympathy
seem almost hopeless of any method to produce much practical
63 BK. I. SUMMARY INTRODUCTION. II. III.
\
good. But observe, the rise and prevalence of this kind of
fiction, is exactly and immediately preceding a strong feeling
among the leaders of some of the benevolent societies, that some
thing can, and ought to be done for them, more than can be done
by merely individual charity. The efforts of these benevolent
persons, are as yet a mere imperceptible item in the hidden re
cesses of society, doing little, and scarcely hoping much from any
means at their command. But they are types and prophecies.
The natural sympathy of society here at work, must be strictly
distinguished from that morbid sympathy, which feels only or
chiefly for the murderer or the criminal, and little useful 'sympathy
for the victim ; a mere self-righteous sentimentalism sometimes,
or an affectation of. singularity. The fact is, that confounding
the poor outcast women, the victims of society, with those
who make society their victims, namely, the robbers and swin
dlers and real criminals, is one of the principal reasons why the
criminals themselves cannot be ferreted out and punished. The
defensive natural sympathies and powers of society, can only be
claimed for criminals in so far as crime is the necessary result
of misfortune and oppression ; which is not the case with most
criminals in the United States. Moreover, the defensive natural
powers of society, cannot be appealed to in any such a manner
as to exclude society from the right to defend itself effectually,
and by whatever means necessary, from its aggressors, those
who are/enlisted in a selfish habitual and professional war against
it, and against every victim, unfortunate enough to fall under
their skill or power.
4. Evils balancing each other.
Evils will produce their effects in some manner. They often
counteract each other: but not without producing special evils
that would not follow from counteracting evil by good, or by
the power of justice. This is well illustrated by McCosh on the
Divine Government, and by a late book, " The Gospel of Good
and Evil," of which some extracts are here quoted from "The
Radical" for May, 1869. "Gambling is a species of mental
exhilaration. The spirit of adventure is inherent, and bestows
that peculiar i nerve which risks, encounters, and overcomes."
" The petty vexations of life, and ebullitions of ill-humor, keep
the passions in daily drill ; just as soldiers in peace keep up the
EQUILIBRATA OF SOCIETY. 69
martial spirit by drilling, by petty quarrels, duels, and wrangling
brawls. Family-miffs are a grand institution for giving needful
repose and after-exhilaration, to overtasked affection." " Tobacco
narcotizes the baser passions and appetites, it lulls the BEAST to
repose. Many an angry word and violent action are diverted
from the wife and children, by the soothing action of the pipe."
" The uses of fashion and vanity are found in their conservative
influence upon morals ; and their propulsive power in human
progress, makes them indispensable agents for good." "Slander
springs from useful exuberance of the organ of self-esteem.
What an ingenious contrivance is scandal, to give ebb and flood
and never-ceasing movement, to the moral atmosphere ! With
easy grace would unwatched virtue yield to temptation, and a
sorry condition of society would ensue." " It is to the criminal
propensities of man that we owe civilization. Crime first sug
gests and compels men to organize, that a system of defense may
be adopted against this evil."
Alas, that the Radicals cannot make a better basis for civiliza
tion, than the foregoing crime-begetting one.
5. Equilibrity of sentiments.
Another of the general social laws, is a certain instinctive
tendency of the opinions, of an individual or of a society,
towards a certain ideal equilibrium. In other words, one set
of opinions tends to equilibrate another set of opinions ; that is
to say, the dangers of one part of one's opinions are counteracted
by the eccentricities of another part. The why and wherefore
of this, it is not so easy to explain. Some might attribute it to
their peculiar theory of the equilibritiveness of human character
itself. They tell us that at bottom, there is very little difference
of inward moral character between different persons notwith
standing the differences of their outward characters. But, while
this may be true of the spontaneous characters of races, of neigh
borhoods, and of all hereditary classes, it can scarcely be true
of those classes which are self-selected. However, the position
is probably true as to the mere opinions and sentiments, (apart
from the passionate actions), of the generality of men, in any
given status of civilization. And, being true of the individuals
generally, and the generality of individuals making the ruling
sentiment of a locality, we may say that the aforesaid position
70 BK. I- SUMMARY INTRODUCTION. II. IV.
is true of natural societies, precincts, and nations ; and this may
therefore be a sufficient explanation of this equilibritiveness of
the opinions and sentiments, that we are now speaking of. But
it applies LESS directly to a corporation considered by itself.
6. Calculus of Variations.
The spontaneous reactionary powers, also the self-counter
balancing of evils and of opinions, and all the equilibrata that
we have pointed out, seem to show how the distant branches of
mankind can never fly off from the general course, beyond cer
tain limitations. In this respect, the study of these reactions is
like La Grange's calculus of variations, which was invented pur
posely and applied to show, that the variations in the orbits of
our planets, which some astronomers feared, would sometime
" endanger the stability of the solar system/' had limits, within
the very same mechanical forces that produced them, sufficient
to prevent those dire results, and in due time, to cause a reaction
and return to former curves. There are limits, probably, even
to the distance that lost souls can make, of separation from the
race. The Psalmist says, although he " make his bed in hell,
God is there." (Psalm cxxxix. 8.) And, vice-versa, what con
cerns us more to know, there may be limits to the distance, the
saved can rise above the lost.
CHAP. IV. CONSTITUTION OF SOCIETY.
1. Real bonds of society.
Society is held together by, and happiness in it depends upon,
the following things, Love of the other sex, Acquaintanceship,
Material or business interests, Education, its interests and its
literature, Goodness, namely, doing justice to others, and for
bearance under injustice real or apparent :
Limitation of the habitable Earth. This becomes a stronger
bond gradually, as population increases, and as barbarism and
isolation become less possible, and thus the geographical limita
tions force men into some society or other.
Government and Laws. The comparative power of govern
ment, as a bond holding society together in peace, decreases with
the increasing limitations of the Earth by increase of population ;
but its power FOR GOOD OR EVIL, correspondingly increases, as
the possibility of escape from it decreases.
CONSTITUTION OF SOCIETY. 71
The question how far we can have good government, depends,
in part, on the amount and force of error and human infirmity,
and not only on wickedness or sin, and hence there is special use
of light and knowledge on the subject.
Patriotism as a selfish NATIONAL feeling, is only a temporary
bond, of isolated nations and of unsettled ages. Its foreign
effects are as bad as its domestic are good ; therefore these nullify
one another, and make it of no account morally in the highest
view of the ultimate results. But the spirit of patriotism can
easily be stimulated to act for one's own immediate neighborhood,
as well as for one's nation ; and so, be made to act for both the
centrifugal and centripetal forces of society. Yet still, its evil
foreign effects entitle it to but little approbation.
But patriotism as a self-sacrificing feeling of human love,
such as naturally expands always to be co-extensive with national
and human intercourse, is a very necessary element.
In ordinary times, the offices whether of church or state, do
not fall to the best men, but rather the reverse. All affairs when
they become ordinary, are apt to become matters of business;
and business matters are, well, we need not say what. But at
any rate, there are necessary and higher elements, both in church
and in state, than can possibly be made matters of business.
Every one sees, this is true as to religion. But it is not so gen
erally seen as to politics. And yet, it is just as impossible to
conduct political affairs, without a high degree of patriotism, as
it is to conduct religious affairs without a high degree of piety.
And this high degree of patriotism in the one kind of officers,
is just as necessary as the high degree of piety in the other kind.
In ordinary circumstances, the conduct of political affairs
becomes the net resultant of contrasting interests, embodied in
conflicting parties, sects, avocations, and classes of society. Now,
just imagine what a bedlam or pandemonium, a church is turned
into, when it becomes merely the resultant, the prize, and the
theatre, of such conflicting embodiments, or even of such con
tending spirits. And the state becomes turned into its own pe
culiar kind of a bedlam or pandemonium, when its living spirit,
patriotism, is suppressed, and the embodiments of the other
great passions and interests of men, rise to the top and swim in
corruption, or sail in a hurricane of war; or both.
72 BK. I. SUMMARY INTRODUCTION. II. IV,
2. Tests of a good social condition.
Comte's general test of a true social system is, that it must be
in harmony with itself, in all its parts, in all its details, and in
all its consequences, as reasoned out by the finite mind. So
impracticable indeed, is such a test, that Comte himself, in his
arguments, treats it as if it must not only be consistent with
itself; but that all its advocates and believers, as also its hypo
critical assumers, must be in harmony with one another about it.
But we will try to present a more practical view.
(a) General Tests. Tho true objects of a government, and
the true tests of a good social condition, are not form but spirit ;
not any particular " ocracy," but the physical and moral
good of the people in the long course of ages. The general aim
is the greatest amount of permanent individual happiness to all,
with the least suffering to any. For national without individual
happiness is mere vanity. Special regard must be paid then, to
all the conditions that contribute to the happiness of the Indi
vidual Unit : Increase of population, early marriage, family
harmony, respect for age by youth, vegetable diet in dense pop
ulations, tillage, health and longevity, productiveness not too
much in advance of the amount of productions wanted ; Econ
omy in consumption, moral and physical improvement of the
race, manifestation of the unity of interests between Individuals,
classes, and societies ; men doing the right things from attrac
tions, or freedom in motives and feelings, Independent benev
olent study, as well as physical labor, made attractive, "Indi
rect concurrence of the passions and inequalities which are now
discordant," Feelings and ideas trained into habits in harmony
with true interests, Variety of occupation, turning labor into
exercise, Labor in groups or companies, Worthy and moral
enjoyment for honest wealth, The settlement of new lands,
regulated in so orderly and gradual a manner as to carry the
comforts and blessings of civilization with it, Righteous dis
tribution of rewards or payments to and among, capital, indus
try, intellect, and morality; honesty and peace, giving the
greatest inducements to industry ; and the lowest rate of interest
for capital.
(6) Tests in Morality : Faith, reverence, truth, and utility,
being appreciated and held in the highest and in equal values,
CONSTITUTION OF SOCIETY. ,73
Certainty of rewards according to individual deserts, In-
frequency of dishonesty and falsehood, and their ill-success,
Amount of common virtue being enough to cause men to con
tinue moral, whilst there is an ever increasing release from the
need to labor, Harmonizing liberty with the qualifications to
use it well, so that neither may be too far in advance of the
other, General contentment with station and circumstances,
consistent with religion, virtue, and education, High moral
tone, especially for honesty and peace, both of officers and of
laws, and of national conduct and character.
(c) Tests in Fashions: Artificial refinements and consump
tion, so far as are necessary to furnish employment for all. These
are necessary in the proportion that the land can support more
than it employs to work it ; and also in proportion to the human
imperfections that need labor to prevent vice and waste of
health. Fashions that will make honesty and industry, mar
riage and healthy children, honorable, A fashion that will
adopt as its luxuries, science, beauties of taste, and in general,
"the products of much labor rather than of expensive mate
rial ;" where the luxuries shall be in home-arrangements, " pic
tures, furniture," &c., rather than in outward show, Where the
number of the unnecessary things, and not their value, is the
greatest, and where the things themselves are least injurious,
Where the idle and luxurious persons (who require these lux
uries), are the fewest in number, but where the many could get
them honestly, if they did not already prefer better customs.
(d) Tests as to labor : That all parties who are engaged in
any work should have the fairest share of the profits ; that is,
where labor, capital, science, and morals, come nearest to having
each an equal share ; where the co-operative and mutual prin
ciples are carried out to. their fullest extent to those who will re
ciprocate, whether domestic or foreign parties, so far as can be,
without receiving their vices, Where wages are remunerative,
and the times of work reasonable, especially for women and
children, Where the prices of products and the times of labor
are least, in proportion to the cost of living, including both
the necessaries of nature and the artificial innocent demands
of custom.
(e) Tests as to government : Where taxation is incidentally a
74 BK. I. SUMMARY INTRODUCTION. II. IV.
means to the furtherance of all the aims mentioned above,
Where government attempts especially to mitigate the evils of
its own production, the inevitable results of the social organiza
tion ; rather than to interfere with individual or local liberties,
Where government cooperates in these good ends, by its own
examples, officers, and laws, Where there are natural checks
and balances really operative, and where the antagonistic forces
of government are in due moral equilibrium, Where govern
ment has the convictions of all classes of the people with it,
Where government is a true representation of the feelings of
all, and recognizes in due proportion, all the distinctions, and
guards against all the prejudices actually in existence. Govern
ment is a falsity, in proportion as it ignores (or pretends igno
rance of) the distinctions and prejudices which society itself
spontaneously develops. (In a republican government, all that is
meant is, not class representation, but suitable laws to provide
against any one class doing injustice to a weaker or less active
or less numerous class ; and suitable forms to the same end) A
proper representation and balance between the personal Units
and Analytical Elements, namely Individual, Family, Precinct,
and Corporation. (Freedom of Individuals is not possible, unless
they have the privilege of segregating themselves, both in Pre
cincts and voluntary corporations of their own preferences)
Where government if republican, secures that the people shall
be educated and trained properly for the functions of citizens.
This requires, first, good family government ; second, that edu
cation shall be of the judgment, and produce social wisdom,
rather than be of all knowledge, or merely for worldly success ; '
third, that the true science of society should be held of the
highest importance, and most properly taught, not only to the
young, but also to the general public.
3. The spirit, not the form.
More importance Is usually attached to forms of government,
and forms of election and forms of society, than is consistent
with social prosperity. The spirit or principle should be the
ultimatum. Any Nation or any society could be governed by
an administration, partly composed of all three forms of gov
ernment, as well as of one, provided such a society were char
acterized by harmony and fraternization within, and by peace
CONSTITUTION OF SOCIETY. 75
outwardly. Common sense instructs us, that the truth which
applies to denominational distinctions of churches and forms,
the truth that creeds or forms do not alter true Christianity, also
applies to civil and political distinctions. So that, if we WILL
idolize the forms, then our politicians and demagogues WILL
make us pay for it. But there is no reason to hate or be jeal
ous of other governments : only in that secondary sense that our
jealousy causes them apprehension of aggression from us.
The form should be allowed to develop from, and thus to suit
the spirit. And the greatest care should be taken to preserve,
in society and in government, a right spirit. But the ultimate
intentions or aims, are not by any means what constitute the
spirit. The spirit of any party is far more plainly exhibited by
the means they are willing to use, than by their intentions or
aims. And the higher a true civilization becomes, the more men
must and will adhere to right and fair means, as well as to right
and fair ends. Thus, the character of the means is the best test
of the character of the spirit.
Now, the means used are generally represented by forms of
organization. For, in social affairs, the very first and mildest
and most specious development of the wrong spirit, probably,
takes place in an idolatrous attachment to usual forms. Such a
refusal to progress, at once becomes a disease, and ends in social
or political death. Hence, all forms of organization must undergo
changes, and all old organizations must pass away and be fol
lowed by new and different ones, if we would allow society to
progress really. Nor will these changes be always nor usually a
return to former ones, but often to entirely new ones, utterly
unconceived of until the time towards their appearing. This
applies of course, not only to voluntary societies, but also to all
the forms of government.
Says Wendell Phillips, (May 28, 1868); " It seems to me that
organization is a mile-stone, which represents how far opinion had
traveled when it crystallized into an organization. You cannot
expect of * * * organization, necessarily in its shape as an
organization, an acceptance of any NEW idea. As long as it can
recognize its own place, and let you take yours, it is to be fellow-
shipped, not as a force in the movement of society, but as a
breakwater and anchor to keep what* we have gained."
7(5 BK. I. SUMMARY INTRODUCTION. II. V.
4. The New Reliances.
Our new theory of Social Science may be compared with the
old, as to its main dependencies, in the following respects. In
stead of relying chiefly on lengthy details in profuse constitutions
and laws ; our theory relies, partly, on a proper and national
representation in laws and government, of all the principal active
powers and constituencies ; and partly on more and more consti
tuting special and voluntary organs for each particular kind of
duty ; and partly on constituting the framework of government
on the truly analytical Elements of human society, that is to say,
on the philosophical Units of our Social Science. Or, to sum it
briefly, our theory relies chiefly on the real powers, instead of on
mere verbiage. And this, not so much by checks and balances
of power, as by leaving to each its proper and natural duties.
This new basis of reliance differs from the old in this respect :
The old basis, exactly prescribing how everything shall be done
proved and finished, is exceedingly simple in theory, but inex
tricably complicated and uncertain in practice ; and is ever
becoming more and more complicated, and more and more
entangled, and is felt to be more and more defeating to the very
objects of government : But the new proposed basis, whilst com
plex in theory of organization, is simple in its practical appli
cation, and ever tending to become more and more productive
of the true ends of government. Like as in medicine, a philo
sophical analysis of diseases, enables the practitioners to have
easy work in their applications; but the brief axioms and
phrases of " quacks," are apt to require all guesswork in their
particular application. And what evils would happen under a
scientific system, would manifest clearly and at once, where the
fault or cause was to be found. Men and institutions would
manifest their peculiar character with more simplicity, and thus
they would each bear their own burden, whether of praise or
blame, and would be revised accordingly.
CHAP. V. THE DOCTRINES OF PEOGRESS.
1. In General.
For reasons previously stated, we cannot, as some do, make
the theory and doctrines of progress swallow up the whole
theory and classification of Social Science ; because those doc-
DOCTRINES OF PROGRESS. 77
trines are only to be obtained as the last and highest results of
the science. Here it happens as in the case of Astronomy. At
a certain advanced stage, the science came to a stand-still for
want of more abstract analysis. Hence, the Differential and
Integral Calculus were devised. Just so, the Dynamics which
Comte and Spencer were seeking, cannot we think be found
until some new and transcendental method of social analysis is
arrived at.
All that Comte argues for, can be accomplished by and in our
Precincts. And after that, most of what Spencer argues for,
may be applied to a national government including such Pre
cincts. And in the mean time, many of Mr. Mill's views may
be regarded as eminently practical for the transition state.
" Order and progress both come from one and the same set"
of suitable conditions of the corresponding forces. And of the
two forces whose resultant is order and progress, one consists
of imitativeness, the customary, and the moral, including the
rational ; and the other consists of the governmental forces.
" Between different stages of progress, there is a time of con
fusion and chaos/' either of forces or of ideas or of both. And
this is true, not only in general, but also in regard to progress
in each particular point.
The progress of society, is a process of life; only to be ex
amined, by the principles and sciences of life. And divine
morality is a process of world- wide and eternal life.
In the early stages of society, the direct or immediate causes
of action may be interests ; but the indirect permanent and deep
causes are feelings. Nevertheless, the more society becomes en
lightened intellectually, the more will interest become one of the
real motives at the bottom, in all the contentions between the
different classes of society, and between different localities. And
interests work subtly in existing feelings passions and false rea
sonings. Animosity against the "owners of cheap labor/' had
as much to do with the cry for union and abolition, as sympathy
for the colored race.
2. Spencers Limitations.
One of Mr. Spencer's principles is, that all evil results from
the non-adaptation of constitution to circumstances. Admitting
this, yet we ask, who shall say that education and charity and
78 BK. I. SUMMARY INTRODUCTION. II. V.
religion, are not some of the "circumstances" which are the con
ditions of man's happiness ? and who shall say how much gov
ernmental interference in business or sociaf details, might also
be necessary to adapt him to his "circumstances" thus inter
preted ?
Again, Mr. Spencer says, Every man has freedom to do all
that he wills, provided he infringes not the equal freedom of
any other man. The principle is pretty, but we must watch the
inferences. The error of the inferences as to the do-nothing
theory, may be shown by an example, thus, Virtue is a neces
sity and antecedent to social improvement. Virtue consists of
three parts, namely, the outward action, the belief in the reason
able utility thereof, and the moral internal will. Now, whilst
government cannot reach the moral internal will, yet it must
often touch the outward action, Why then, may it not also touch
the intermediate thing, namely, the reasonable utility of virtue,
and teach and encourage virtuous "rights," as well as encourage
patent rights and copy rights, the latter of which Mr. Spencer
is strongly in favor of. Not forcing good, but encouraging
good, is what is asked for.
But again, we say that Mankind and God have some rights
in the matter of civil society, and that therefore, one man's free
dom is not the only limit to another man's freedom. But this
extensive subject must be postponed until we consider the rela
tion of government to religion, which will perhaps form part
of a future w r ork.
Yet Mr. Spencer thinks that "the order of nature without
law, should be left to decide these questions." If so, why may
not the same order of nature without law, be left to carry on the
whole business of government? "Do away with disturbing of
arrangements," says he, " and allow things to take their natural
course, and the best men will EVENTUALLY draw to themselves,
respectful obedience." But we answer, sin and ignorance ARE
" DISTURBING ARRANGEMENTS," and who shall say how many
thousands of years yet, it shall be before their disturbing influ
ences shall be removed, and the best men will draw to them
selves -respect? And what is to become of mankind with all
their miseries, in the mean time ?
Nevertheless, there is a great truth underlying Mr. Spencer's
DOCTRIXES OF PROGRESS. 79
theory; and it must be fully granted and kept distinctly in
mind, that a human government should only interfere with
human liberty, in the proportion to which itself and human
nature, approach to perfection and righteousness; at least of
those who control the government. The restrictions over the
liberty of the citizen, should be only in proportion to the per
fection of the ruling classes, individually and socially.
Another principle to be demonstrated and acted upon is, that
large and ample provision should be made to enable those per
sons who feel themselves aggrieved by human society, to sepa
rate themselves from it, or, as Mr. Spencer says, to exercise the
" right to ignore the state," yet in such ways as that they should
not endanger or disturb those who are satisfied. The necessity
of some resources for dissenters and theorists to escape the inter
ference of government, becomes all the more necessary in our
system or theory, because we advocate considerable interference
by proper Precincts and Corporations, in aifairs of education,
morality, religion, &c., as will appear in the chapters on those
subjects. The great error of government in all time, has been,
attempting to force individuals to conform to its own peculiari
ties, instead of merely to prevent individuals from disturbing
others.
In this connection appears one of the great uses of our small
Precincts, also of voluntary communities and political corpora
tions. To such, special privileges might be allowed according
to circumstances. Just as the old Roman law allowed persons
of the same various views and feelings, in certain cases, to in
habit their own special Precincts and districts, and there to ad
minister their own laws in their own way. Either our system
for Precincts, or our system for Corporations, aifords all the right
possibilities for individuals to " ignore the state" : but we cannot
imagine any other systems that would.
3. Periods of human progress.
The elementary stages of human civilized society, must be
characterized by vast accumulations of facts and of words, and
by great memories. In this respect society must be like the in
dividual. The infantile process of learning, is to perceive ideas
intuitively or " by guess," and THEREBY to learn the meaning
of words. But the adult process of learning, when the mean-
80 BK. I. SUMMARY INTRODUCTION. II. V.
ings of words are known, is to learn ideas from words. In the
transitional age the two methods are more or less confused,
and then the vivid memory of words is of value, to keep down
the infantile process of guessing the meaning too soon. Hence,
in the very early stages of a progressive society, considerable
attention to words and MAXIMS must be expected, and some
degree of excess thereof may be overlooked, as long as its heart
is right, and its desire to learn is active.
The critical or metaphysical stages of human progress, both
individual and social, come next to be considered. The critical
or metaphysical period of the individual mind, as also of society,
is a necessary transitional period (as Comte observes, but in re
gard only to society at large). It is the period of self-criticism,
a period intervening between that improvement which is pro
duced by other powers, and as it were by constraint, and that
still more subsequent period, when habits have become second
nature, and when the involuntariness of obedience, is not like it
was in the first stage, a mere instinct and ignorant innocence,
but has become in a degree positively virtuous, without being
distinctly conscious that it is virtuous ; because, by reason of
confirmation by habit, it no longer needs deliberate efforts of the
will, or even self-conscious struggles against a contrary induce
ment.
The fourth stage is one of confirmed good moral and intel
lectual habits. It is also to be noticed, that the metaphysical
stage is not possibly consonant with the highest or fullest efforts
of the human mind, individually or socially; because it con
tinually interrupts the thoughts of their objects, by intruding
thoughts and feelings about the person himself, the thinker ; and
thus in an intellectual point of view, hinders concentration.
Moreover, the metaphysical stage or hatit, whilst it lasts, is
necessarily productive of pride and thus of evil. But so far its
the evil thus produced is necessary, it is not guilt ; and will in
time reach towards its own cure.
4. Progressions to be homogeneous.
Practical suggestions for improvement, whether of the science
or of society itself, should be offered in series or sets. Each set
of improvements should be worked or taught a while, before
going on with the next set. Each set should include references
DOCTRINES OF PROGRESS. 81
to all or most of the- matters wherein improvements are wanted,
so far as they are apprehended. As one set of improvements
may be necessary to prepare for others, or make them practi
cable ; just so, the suggestions of the one set may be necessary
to prepare people's minds to receive or judge of the next set.
Hence it is, that in Social Science the historical facts them
selves, are essentially connected with and must be coordinated
with the science of them, in order to make desirable progress.
To that end it is necessary, that improvements be suggested in
somewhat like the order and proportions that society needs them.
And equally so, it is impossible for the sociologists to foretell
particular events far ahead, or in general terms to advise in ad
vance, the true methods ; because the sociologist himself can only
progress in his science practically, in something like the same
proper order and proportions that society itself must follow.
5. Who the coming leaders will be.
One of the most general principles of the social motion is,
that leaders will arise, and the generality of men will follow
them. This will be so, whether any civil law exists or not. We
see this in the power of fashion, and in the influence of example,
all this world over. Here then we ask, what hope is there of
good leaders arising to benefit society ? And leaders are a very
different class of persons from rulers or drivers. They are an
order of spiritual powers, like the old religious powers, as to
morality ; but very different from them in their breadth and
culture, both as to ideas and as to liberality. Comte has some
good thoughts on this point.
The new order of spiritual powers will be unlike the out
grown order of the ecclesiastical, in another respect, "they
will be humble." This consequence results from several causes,
but chiefly these : the progress of all scientific investigation, is
not one of absolute certainty, but avowedly only one of proba
bility and of theory. And then, from this further cause, that
these powers would obtain and maintain their influence and
supremacy, not by material forces nor by supernatural terrors,
but by .educating the people, cultivating their faculties, and dis
seminating truths, tending ever more and more to bring the
people up even with the advancing front of the leaders them
selves. In other words, the very method by which Social Science
C
g2 BK. I. SUMMARY INTRODUCTION. II. VI.
rules, is, by ever lessening the moral and intellectual distance
between its professors and the public. Thus the new order of
spiritual powers, it is hoped, will be humble.
When Comte comes to the question, who the new leaders will
be, or how they will arise, he gives up the problem as insolvable.
But we suspect, that much of what has been said in the first part
of this Introduction, can be readily applied to this part, and
therefore need not be recapitulated here. Many of the persons
of whom we have already spoken as the helpers of Social Sci
ence, are only so indirectly as it were, or unintentionally ; inas
much as the works in which they are directly and intentionally
engaged, are frequently the improvement of society itself, rather
than of the science.
Furthermore we suggest, perhaps the coming leaders, like the
best preachers, will be those who can succeed best in inducing
society to hate its sins and evils most, and to forsake them most
abidingly. In such work, not only good spirit good talent and
virtue are necessary, but also a good example, and a good life
toward society, an abnegation of self, by devotion to Mankind.
Perhaps the great practical social reformers of modern times,
may be indicative of something about the origin of this class of
the spiritual powers; also the founders of Roman Catholic
houses in various ages, the modern co-operating capitalists, and
aM earnest thinkers and sympathizers on the great social prob
lems, who have faith enough in their theories, to live up to
them, and to sacrifice present self for others and for the future
self. In the long range of history, the lessons of failure become
almost as instructive as the lessons of success. Whenever the
generality of such leaders would arrive at one general and uni
form theory, there would arise a profoundly respected social
power ; and so in proportion as they tend towards such a general
theory. At any rate, the main impetus of their influence need
not await until after educating all the people highly, for the
generality of people are moved more by feeling or affection than
by reasoning.
CHAP. VI. THEORY OF THE SIX UNITS.
1. In General.
We have now come to what we suppose to be one of the most
original and valuable parts of our theory, namely, that human
THEORY OF THE SIX UNITS. 83
society and therefore Social Science, each consists of six funda
mental elements, or Units ; namely, Individual, Family, Social
Circle, Precinct, Nation, and Mankind.
Both Aristotle and Hegel seem to admit, with almost the
force of our idea of Units, three great ideas, the Family, the
Precinct [or commonwealth] and the Nation, and Mulford
seems to regard them as THE three " distinctive" forms of so
ciety, (chap. 16), the Family having "organic," and the com
monwealth, " formal," but yet necessary relation to the Nation.
Mulford, however, does not neglect to place the Individual in
some degree of prominence. Thus, if we may call his first thir
teen and last two chapters, the abstract relations of the Nation,
then the intermediate chapters are the concrete relations of the
Nation. These (concrete) are given in the following order,
Individual, Family, Commonwealth, Confederacy, Empire. Ac
cording to Mr. Mulford as we understand him, the "Nation is
the friend of the first three, namely, Individual, Family and
Commonwealth," but (as we understand him) the antagonist of
the other two. This is coming very near to the doctrine of
fundamental elements or units ; nevertheless, the idea does not
seem to have suggested itself to him. On the contrary, p. 276,
he says explicitly, " The Family is not the unit of society,"
and nothing but the Nation has his high term " moral person
ality," which is his equivalent for our term Unit.
Others also, have singled out Family, Church and State
merely, as the great divisions of Social Science, with such pre
eminence as shows they unconsciously regarded them as tanta
mount to our idea of the Units, yet without connecting these
divisions by any general theory, or by the relation of fun
damental elements. But church is a corporation and not a
natural person, and State is only an abstract term for the
Science.
But not only the Individual and the Nation are natural per
sons, but every one of the essential elements of our analytics
is a natural person, namely, Individual, Family, Social Circle,
Precinct, Nation, and Mankind.
On the contrary, the assumption by a Nation, that it is the
source or origin of all political power, is high presumption be
fore Heaven, and a usurpation of the rights of the Almighty
84 BK. I. SUMMARY INTRODUCTION. II. VI.
and Divine Creator. And this is so, whether the presumptuous
government is of Belshazzar or of Nebuchadnezzar, or of a de
mocracy.
Of one thing we may be sure ; government, to be permanent,
must be homogeneous in its essential elements. If Precincts were
only recognizable as artificial persons or corporations, then there
could be no permanent peace and order in society, until the Na
tion itself were recognized as only a corporation. So, on the
other hand, the Nation, as a local organism distinct from cor
poration, can never be satisfactorily dispensed with, unless all
the under or local departments, namely, the Precincts, can also
be dispensed with. This would mean, a people joined together
as a grand corporation instead of as a Nation, and consisting
exclusively of sub-corporations, abstract from locality, a con
ception too indefinite and too general to be judged of, without
further experience in the parts of the system separately. And
again on the other hand, a Nation can never enjoy its full rights
as a God-given " moral personality," only as it recognizes the
moral personality of the Precinct also. The law of personality
is, as Mulford says, " be a person and respect other persons" ; and
we add, respect them, however small or humble they may be.
2. Origin of this Theory.
It may be appropriate here, to state simply how our theory
of the Units originated. The Units, (or most of them) were
arranged as the best possible division of the subject we could
devise, merely as divisions of the study, before their functions as
units were clearly conceived. And here arises one strong argu
ment for this number and classification of the units, namely,
that the arrangement is necessary, in order to classify the mate
rials of Social Science.
But our theory not only makes our divisions logical or sub
jective divisions of the science, but also fundamental elements
of society itself.
Comte had stated that the Family is the true unit of society,
and not the Individual. This struck us at once, as a favor
able idea. But when we reflected, as Paley says, that all that
nations and societies suffer or enjoy, is not felt in the bulk, but
only in the Individuals, we perceived that the Individual cannot
be given up as a unit ; hence, then, we have at least t.wo units,
THEORY OF THE SIX UNITS. 35
namely, the Individual and the Family. And when once the
fact, that there must be a PLURALITY OF UNITS, was assumed,
and what the first two are, the way was opened to reach the true
and full number of them. Nation and Mankind soon occurred,
as two other units at the other extreme. Then the rights of
States or minor localities, and of voluntary corporations, had to
be placed somewhere between the extremes already ascertained.
This problem was insoluble, except by a theory of the Tribe
which should make the principle or spirit of Tribe survive in
modern society, under differentiated forms, namely as Social
Circle and Precinct, as natural unalterable elements, and Cor
poration as an artificial element and therefore as a distinct genus
from all the six previously obtained, not itself a unit but a type
of a unit. See CORPORATION, for a fuller account.
3. Some Singular Sixes.
We present here a few classifications of nature, by sixes, which
by analogy tend to show that we have hit upon and discovered
the right number of, and the right particular units, of which
society really and virtually is composed. Most of these classi
fications presently to follow, are numbered so that all the I 7s may
be compared together, and all the 2' s , and so on. And we hope
none of these our analogies, will be thought to be any wilder
than some of Fourier, or Comte or Hobbes or others who have
labored in this department of imaginary thought.
The figure which gives the maximum amount of internal
content, with the minimum amount of external surface of sim
ilar bodies joined together, is a HEXAGON ; as, for instance, the
cells of the bee.
In developed civilization, there are six great classes of society.
They help in forming Social Circles, and they give the bases of
limits of, and highest moral shares of property, in distribution.
These will be portrayed in another book.
The errors and vices of Mankind^ have instinctively and
spontaneously alighted on our six units, as the fundamental
motors of human passions. Nearly all the " respectable" crimes
and great enormities, are committed for the sake of, and under
the perverted infatuation of, one or the other of these ideas that
we have singled out and generalized under the name of units of
society; namely, either for the rights of (1) the Individual, or
86
BK. I. SUMMARY INTRODUCTION. II. VI.
of (2) the Family, or of (3) Social Circle, class, and clan, or of
(4) one's own Precinct or Neighborhood, or (5) of Nationality,
or for (6) the welfare of Mankind, including under Mankind,
as we do, religious action in society, which plants itself on that
wide human ground, for the justification of social compulsion
and religious persecution.
Roget classifies his " Thesaurus of English Words" into six
Main Divisions, thus, Abstract Relations, Space, Matter, Intel
lect, Volitions, Affections.
Ballou (in Practical Christian Socialism, p. 108) has six in
finities ; namely, the Deific spirit, the soul-spirit, matter, space,
duration, diversity.
Paley's Divisions of Moral and Political Philosophy, are the
following :
1 Preliminary Considerations.
2 Moral Obligations. Origin of, &c.
3 Relative Duties of Persons and Property.
4 Duties towards Ourselves.
5 Duties towards God.
6 Elements of Political Knowledge.
Spencer's lines of progress, are readily made into six, thus:
1 Advance from Qualitative to Quantitative.
2 Advance from Concrete to Abstract.
3 Application of abstract to new orders of concrete.
4 Simultaneous advance in generalization and specialization.
5 Increasing subdivision and re-union.
6 Constantly improving Consensus.
Our classification of the sciences :
1 Perceptible Mechanical Powers.
2 Imperceptible Mechanical Powers.
3 Imponderable Powers.
4 Animal Powers.
5 Human Transcendental Powers.
6 Supernatural Powers.
Our Units.
1 Individual
Systems of
Crystallization.
1 Monometric
Astronomical
1 Satellites
2 Family
3 Social Circle
2 Dimetric
3 Trimetric
2 Planets
3 Suns
4 Precinct
5 Nation
4 Monoclinic
5 Triclinic
4 Groups
5 Clusters
6 Mankind
6 Hexagonal
6 Nebulse
Systems.
THEORY OF THE SIX UNITS.
87
Organs of sense.
1 Sensation
2 Temperature
3 Taste
4 Smell
5 Hearing
6 Sight
Spencers
Universal Data.
1 Force
2 Motion
3 Matter
4 Time
5 Space
6 Unknowable Power
Suggestions from
Okeris Classification.
1 Living Nature
2 Creations of Elements
3 Functions of Elements
4 Cosmogony
5 Material Totalities
6 Immaterial Totalities
Religious Society.
1 Adam
2 Adam and Eve
3 Patriarchy
4 Israel in Egypt
5 Israel in Palestine
6 Christian Church
Mental States.
1 Physical Emotion
2 Conception
3 Idea
4 Thought
5 Metaphysical Emo
tion
6 Will
Plato" 1 s Sciences.
1 Arithmetic
2 Geometry. Plane
3 Geom. three dimen.
4 Astronomy and Mo
tion
5 Harmonics
6 Real Existence
Mental Faculties.
1 Consciousness Ex
ternal
2 Consciousness In
ternal
3 Association of Re
semblance
4 Association of Con
trast
5 Abstraction
6 Generalization
Comtds Classification
of the Sciences.
1 Mathematics
2 Astronomy
3 Physics
4 Chemistry
5 Physiology
6 Sociology
Hegel's
Classification.
1 Logic
2 Mechanics
3 Physics
4 Organic Physiology
5 Psychology
6 [The Idea] ?
4. Combinations of the Six Units.
(a) Combinations in Concatenation. Each personal unit of
society, contains a subdivision or principle which points to, or
connects with, the unit next above it. The Individual has
sexual functions, and these point to the Family. The Family
has grand-parents, and gives out brethren and sisters to make
new friendly Families, these give rise to Social Circles. And
these seek to reside in near neighborhood, and thus become Pre
cinct. And these again, multiplying, constitute Nation.
In the development of society, society comes to self-conscious
ness and to the understanding of itself, only by means of the
light which each one unit throws upon the character of the
others. By spiritualizing Goethe's great saying, that man knows
himself only as he knows external nature, we will readily see
how, in the origin of human society, the individual man or
38 BK. I. SUMMARY INTRODUCTION. II. VI.
woman only knows himself or herself, after organizing into the
Family relation. And likewise, one Family alone does not (or
would not) know itself, only by becoming a Social Circle or a
tribe, viz., only after several Families had come to exist in the
same neighborhood, and thus spontaneously to have formed a
tribe So likewise, the tribe could not understand itself fully
nor be really developed, only by coming into relation with sev
eral tribes, that is, by becoming part of a Nation ; or, the one
tribe growing and dividing into several tribes. So likewise, the
Nation cannot understand its true functions, only by realizing
its position as a part of the great Family, Mankind.
And now, in the advanced stages of society, when new organs
are put forth, and new settlements and new developments resolve
the tribe into two distinct branches, one, the preferred acquaint
ance (namely, the Social Circle) and the other, the Precinct of
nearest or lowest degree of local government, we must reduce
.our argument to adapt it to modern conditions, and then say
thus : The Individual knows himself only by coming to the
Family; and both Individual and Family know themselves
only by coming both into the Social Circle, or into the local
organization or Precinct ; and all these again, comprehend them
selves only by their relations with the Nation; and it again,
can comprehend itself only by means of its relations to Man
kind.
Furthermore, as Nation and Precinct, Social Circle and
Family, are all Individual human beings, these general princi
ples will hold when applied beginning with the Nation and
going downwards. Any organization of men can understand
itself only by understanding and appreciating the elements of
which it is composed, and with which it most constantly comes
into relationship and contact. So then, the Nation can under
stand itself only by appreciating Precinct, Social Circle, and
Individual. So also, the Precinct can only understand itself,
by appreciating all the units below it ; and so on for the rest.
Thus it is, that the very principle which runs through the de
velopment of all human society, has only to be viewed from the
opposite side, to be seen to confirm the great doctrine of the
right of some government influence being vested in all the units
of society severally.
THEORY OF THE SIX UNITS. gy
(6) Combinations in Solution. We now come to combinations
of a more complex and versatile kind.
In the development of Society, society combines its elements
variously ; hence we observe that three of them, namely, Pre
cinct, Nation, and Mankind, involve the idea of locality and
are dependent upon the location, and so might be called the local
units or units of locality. But the other three units are entirely
independent of the idea of locality, and are purely personal,
namely, the Individual, the Family, and the Social Circle.
Again we observe, that these six naturally divide themselves
into three pairs, in each of which pair, one unit is a part and
the other a whole, namely, Individual and Family, Precinct and
Nation, Social Circle and Mankind. Furthermore, in each of
these pairs, one unit is related to the other, not only as part to
whole, but the relationships are evidently much alike in several
metaphysical and moral respects, one pair being personal, one
political, and one, moral or voluntary.
And then again, we have three pairs by a different combina
tion, such that the two of each pair are connected closely
together by metaphysical and moral relations and considera
tions ; thus, one pair consists of Individual and Mankind.
Another pair is of Family and Nation. And the third pair is
of Social Circle and Precinct.
We observe also three dualities. First, the whole six are
divided into two threes ; next, the whole six are divided into
three twos; and third, the division "itself of these two views is
the third duality.
(c) Analogy in Chemistry. All the elements of chemistry
may be divided into two classes, and in three different methods.
One, is into Metals and Metalloids, another, is into Acids and
Alkalies, and the third is into Electro-negative and Electro
positive. We have here as much of the divisions of our six
units, as could be expected to survive under chemical analysis,
under which NO LIFE can continue. Here in chemistry we
have, not three pairs of classes making six classes, but only
three WAYS of pairing classes.
(d) Analogy in Geography. Here is another class of natural
analogies of our six units, found in the relations of the six great
geographical divisions of the world, called continents. In the
90 BK. I. SUMMARY INTRODUCTION. II. VI.
northern hemisphere we have three continents, namely, North
America, Europe and Asia. And then we have three southern
continents, South America, Africa and Australia. Then in
another view, we have them in pairs thus, North America and
South America, Europe and Africa, Asia and Australia. Thus
much Steffens and Guyot have observed ; but we add some other
twos and threes. Thus, as to the shape three of them (North
and South America and Africa) are shaped like "legs of
mutton" ; and the other three of them (Europe, Asia, and Aus
tralia) are nearly like irregular oblongs or trapezoids. Again,
viewing them in pairs, one pair, Europe and Asia, are joined
together arm in arm or side and side, by a range of mountains.
Another pair, North America and South America, are joined
together by a long narrow isthmus. And the third pair, namely,
Africa and Australia, are alike only in being unlike the others
in that respect; just as Individual and Mankind are unlike
each other, and unlike all the rest of the units, for Africa is
joined, not to the continent immediately north of it but to the
one on the east, and not by an isthmus so much as by a broad
flat territory, and by a long narrow sea : whilst Australia is
unlike the others, by being solitary. Then, leaving Australia
out of the question as solitary, and corresponding to the Indi
vidual (as was done by former geographers,) we have all the
rest of the earth divided into two parts called the old World
and the new World, having the very peculiar contrast, as the
geographers have remarked, that the new World is long and
narrow, and has its greatest length running north and south ;
and the old World, although much larger in one direction than
the other, yet cannot be called narrow, and has its greatest length
east and west. The old World has its long slopes and plateaus
towards the north, and the new World has its long slopes towards
the east.
And now, if we count the Individual, as the solitary one corre
sponding to Australia, we have five other units. Three in the
old World, namely, Family, Social Circle and Precinct, and two
in the new World, namely, Nation and Mankind.
Again, observe another analogy of peculiarities, a solitary one
at each end of the six ; and two closely connected pairs between
them. Individual and Mankind are two extremes, which in a
BALANCES OF THE SIX UNITS. 91
certain sense are different from society; one is a no society, and
the other is an ideal that is never completed. But the other
four make two pairs closely connected, namely, Family con
nected with Social Circle, and Precinct connected with Nation.
Now, let us observe this geographical analogy, in mere figures,
expressing the ratio of coast lines to each 1000 square miles of
continent; and on the proportion of which, intercourse and
civilization so much depend. (See Mankind.) The figures
stand thus, 6f ; 4, 3J; 2f, 2J; If. Europe's figure is 6f, and
Africa's If. But, between these, there are two pairs, whose
figures come pretty nearly together. Thus, one pair is North
America 4, and Australia 3J : the other pair is South America
2|, Asia 2J.
The foregoing analogies of course, are only to show in a cumu
lative way, a probability of our six as an important number of a
true classification in social science.
CHAP. VII. BALANCES OF THE SIX UNITS.
1. In General.
We have now come to express formally that part of our
theory, which is the doctrine of the necessity of the perpetual
balance of the units, in order to make a happy people, or a
good and righteous government. What we mean, is no Pan
theistic or development-idea, that these units WILL ultimately
balance each other. But we mean, that the duty of society is to
make the balance, and to give to each unit its due proportion of
influence ; and that, only in proportion as society does this, can
it produce either a happy people, or a good government.
The necessity for preserving this balance, might be legiti
mately inferred from their nature as units ; so that the estab
lishment of the theory in general, of the units, involves in it
the necessity or duty of their balance. This necessity and duty
may also be inferred from their combinations. For, in all the
departments of nature, we cannot have substances composed of
elements, only when these elements are in their due proportions
to each other, and also are existing in the necessary contiguity.
Unless the parts are real, the whole cannot be real.
But these, as positions are very abstract; and as it is very
important to establish this doctrine of the balance of the units,
92 BK. I. SUMMARY INTRODUCTION. II. VII.
upon clear and well-known grounds, we desire the reader's at
tention to a few direct arguments and illustrations on this point.
And to the elucidation of which, we propose to devote most of
the remainder of th's Introduction.
2. Individual and Family as Types.
If our type theory (already illustrated) is as good as we sup
pose it to be, it ought to help us to solve the still more difficult
theory of the balance of the units. And the analogies are at
hand. Just as the heart the lungs the stomach and the brain,
are each a vital organ, and act each independent of the others ;
yet life and health absolutely depend on the free action of each
exerting its own due balancing power, so it is with the elements
of society. So again, for another illustration, to refer to the
Family as type of society, the masculine and feminine elements
must co-exist in harmony in their mutual work, and yet, each
must maintain its own individuality, in a due balance.
3. Resemblances to Gravitation.
The power of association it is true, draws men together like
the law of gravitation, with a force in proportion to their num
bers or mass, and in inverse proportion to their distances. But
this law, when transferred from inanimate matter and applied
to humanity or to living beings, requires several modifications.
And even among the astronomical bodies, there is a centrifugal
power always exactly equal to the centripetal.
If we turn to the sidereal systems for illustrations, then Na
tions will answer to solar systems, prettily and truly. Planets
will revolve around suns, moons and satellites around planets,
and so on ; each in its own orbit, and doing its own work ; and
each kept from centrifugal disorder, by the attracting power of
its own immediate center, namely, tho next highest orb in the
generalizations. But still, it is in vain to look for exact analo
gies of life-processes, in the laws or actions of inanimate matter.
Saturn's ring may illustrate the relations of Families to a tribe ;
but we have no binary systems in our solar system, nothing to
illustrate the Family organization in the relation of male and
female. Although in the binary systems of far distant stars,
the suns of other systems, we have the beautiful arrangement of
two companion stars revolving around each other, or rather, re
volving around an ideal center, the ideal point of their mutual
BALANCES OF THE SIX UNITS. 93
attraction ; and each being of the color needed to complement
the other in the spectrum. And in some cases, there appear to
be more than two, sometimes even several suns, occupying these
relations to each other. But not in the simple organic matters
substances or minerals, do we find any trace of male and. female,
other than electricity. It is only where we enter into the living
world, vegetable as well as animal, that we find sex running
throughout all or nearly all life ; but we find the Family or
ganization, only in a few of the very highest animals.
Now, let us remember that in the natural formation of society,
after the formation of Families and tribes, the centripetal and
centrifugal forces are not exerted and felt, so directly between
the Individuals as between the Families, or the tribes. Nations
are formed originally and in all history, not by Individuals but
by Families and tribes. Thus, even the centripetal force itself
is not so much directly between Individuals, as it is directly
between Families and tribes. And the sun over our heads does
not draw us away from the earth, but draws us along with it.
Where the two forces of human society, the centripetal and
the centrifugal, are most perfectly and independently balanced
in" all their forms, where the national, the neighborhood, the
Family, and the Individual, all have the powers of each in the
best balance^ there will be the most rapid and true prosperity.
And this is brought about in accordance with one of the laws
which Mr. Carey has announced in only one of its relations,
namely, in the relation of city state and Nation, rather than to
its full extent. This law might and should be enlarged, as I
have enlarged it, to the other units. That law thus enlarged is,
that in proportion as this balance of all the parts is preserved,
the rapidity of human diversity or individuality is promoted ;
and in proportion to that individuality, will be the feeling and
consciousness of human responsibility intellectual and moral;
and in proportion to the responsibility both intellectual and
moral, will be the activity and morality ; and in proportion "to
the activity and morality in such a condition of balanced free
dom and order, will be the universal prosperity.
4. Resemblances to Chemical affinity.
But the relation of persons in small districts, is much better
illustrated by the powers and laws of chemical affinity. Here
94 BK. I. SUMMARY INTRODUCTION. II. VII.
we see that the attraction between molecules or Individuals when
placed very near together, becomes an entirely different power
from gravitation, as far as we can yet perceive ; and one that
exceeds it beyond all possibility of comparison. So that al
though all bodies undergoing chemical changes, are also subject
to gravitation, yet we cannot perceive that the chemical changes
themselves are at all affected by gravitation. Here we have
illustrated the absolute independence of neighborhoods within
Nations.
This principle of elective affinity illustrates another feature,
both of man and of society, or of close neighbors to each other,
whether in space or in relationship ; and this is, that molecules
or Individuals can unite with each other, only within certain
definite specified and limited proportions. So it is with Indi
viduals ; each one has his own peculiar character and his own
proper rights, such that other Individuals cannot understand him
nor his true character or responsibilities, beyond certain degrees.
And these degrees may vary in different subjects, so that any two
persons may have more and closer affinities on some subjects
than on others. Here we have illustrated the eternal rights of
Individuals, in the recesses of their own hearts, and to their own
hearts' secrets, as well as to combinations and sympathy with
other persons.
As Comte well observes, the attempt or even the hope, to
reduce all the operations and laws of nature, to one law, is and
will be a vain attempt. And the fact is, that the laws and powers
which attract men into Nations, are not the same as far as we can
analyze, as those which cause them to seek the society of and
organization with their immediate neighbors. The one is gravi
tation, the other is affinity. And hence, the national principle
and the neighbor principle, are much better illustrated by what
are recognized to be two entirely different natural powers, and to
be working by entirely different laws.
One obvious inference from this view is, the evident and
much greater importance of the neighbor-attraction, than of the
nation alone, in itself considered as the ultimate object sought,
the end of the means ; and including in the> term neighbor, not
only Precinct, but also social acquaintance and business circle
or chartered company.
BALANCES OF THE SIX UNITS. 95
By reference to Mr. Carey's law regarding the balance of
centralization and decentralization, it will be observed, that all
turns upon t individuality and personal responsibility, that the
national power itself is useful, only as it develops or allows
the development of these. Whereas, the chemical affinities are
the immediate and direct operation of these individualities
themselves.
5. Natural History of Society.
One element of the centrifugal force of society, is the innate
feeling of human liberty, and the necessity in order to happi
ness, for each individual to follow his own bent or inclination.
The more condensed society becomes, and the more varieties
of occupation study and training are introduced, the more dif
ferent the various persons 7 bents or inclinations become, and the
more absolutely essential for each one's happiness, becomes his
right to have great liberty in those respects. And the same
holds true both for Individuals and for Families. And thus
the centrifugal forces become electrical repulsion, nay more, they
become biological and medical, and instead of centrifugal forces
we have incompatible characters.
Another law is the attraction of the sexes. Here we have an
attraction, often not in inverse but in direct proportion to dis
tances, and according to the great differences and co-ordinating
needs of each sex for the other. Distances, in space or in social
position, are little in comparison with the power of this great
attraction. Then again, when this attraction becomes chemical,
and finds its combination and fulfills it with the rising Family,
it forms the very strongest tie and gives the very strongest com
bination in human society. Now, it is here too, that there arises
the very strongest centrifugal and repulsive force. Each Family
tends to repel every other Family. This is chiefly the result of
the antipathy or dread, of men for men, or women for women,
in regard to those of the other Families.
This centrifugal tendency also results, from the autocratic in
fluence which parents naturally desire to exercise upon their own
children, and from their dread of or opposition to the influence
of other Families on their children.
Out of the necessities of Families, there soon arise Social
Circles Precincts and Corporations ; the consideration of which
96 BK. I. SUMMARY INTRODUCTION. II. VII.
is deferred a few pages, namely, until we come to the subject
headed " The Tribe Principle." (Chap. VIII.)
Oftentimes in history, conquests have been useful in causing
tribes or Precincts that were previously at war and entirely
under centrifugal influences, to submit to a centralizing attrac
tion. But no such centralizing force as is compulsory, can be
justified, until after tribes Precincts or Nations placed in juxta
position by providential circumstances, refuse to enter peaceably
into such confederation as is necessary for peace and order, re
fuse to conform to +he centripetal attractions required by cir
cumstances. Then, the arising of the strongest tribe or of some
foreign power, as a centripetal power, seems justified by the ne
cessities of the case, and by the interests of Mankind.
An overwhelming tendency to centralization seems now to
exist all over the civilized world, except temporarily in the
Southern states, where the decentralizing movement w r as made
evidently for a special and exceptional purpose, namely, of form
ing a new center of despotism over a part of its own people ; and
was not a movement made upon any well founded principle of
decentralization. Its theories of Precinct rights were held good
only for the white man's, not for the negro's Precincts. And its
theories of state rights were only held to be good against the old
government, and not against the new. Its power against its own
parts, was far more threatening, than that of Great Britain to
wards the American colonies in the Revolution. Its people had
forgotten about ninety years of history. They had forgotten that
the early colonists mostly had been driven to a new country by
persecution or distress. Whereas the settlers in the Southern
states had been invited and encouraged and aided by the general
government, in every way, and fostered to become great and
prosperous states.
The advent of the constitution of the United States, there
fore, was a return to the original and natural balance of society.
It speaks of " We, the people," as well as states ; and thus ac
knowledges a double power in its' very inception, the people
the Nation as a whole, forming the centripetal force ; and the
former tribes or colonies, now states, forming the independent
or centrifugal powers.
One of the great practical problems in Social Science, is to
THE TRIBE PRINCIPLE. 97
determine how much Individual and Family liberty, each ought
to resign and assign to the governing powers, and especially to
the tribe, or district or company. Another of the great practi
cal problems in this relation of centrifugal to centripetal forces,
is, to find how much power and liberty the tribe or district or
company should assign to the central government, and how much
it should retain for itself. The safe general rule seems to be,
that so far as the principle is concerned, men, Families, or tribes,
only resign to government those rights which are necessary and
only so far as necessary, to the accomplishment of the general
and mutual objects. But yet, that in the practical and actual
administration of government, the superior power (that is, the
more general) must be the judge, as to the actual administration,
in cases of doubtful rights, and also in cases of expediency not
conflicting with rights. Because, the contrary supposition would
be unreasonable ; that is, it would be unreasonable to suppose,
that if the right were doubtful, or the expediency remain to be
proved, the more general power should be subordinate to the
less general. Whereas, as to absolute and undoubted rights, it
is simply absurd to suppose them to be irrecoverably and upon
principle, transmitted to any second party or second Unit, what
ever be its power.
In speaking as above, of assigning or resigning power to gov
ernment, it is not meant that government actually arose in that
way, nor to ignore the authority of God in civil government ;
but only to exhibit that method, as one of the means of arriving
at what the ordinance of God is in the matter.
CHAP. VIII. THE TRIBE PRINCIPLE.
1. In General, and classifications.
As in the Unit the Family, we have to consider it in two en-
tirely diiferent aspects, so in the tribe, we have to consider IT in
three subdivisions, each of which, now comes logically to be
viewed as a fundamental and essential element. Now, when we
take this tribe principle as thus analyzed, and apply it to modern
civilization, we see that there arise three diiferent functions or
kinds of organization, namely, (1) Precinct or Neighborhood,
(township, ward or county, as the case may be,) (2) Social Circle
or acquaintance, consisting in friendship, and providing for and
7
98 BK - L SUMMARY INTRODUCTION. II. VIII.
looking towards new families, (3) organized voluntary associa
tion, that is, lawful corporation for special purposes, corpora
tions for business and corporations for politics, &c.
The casual reader will here observe a kind of confusion in
our treatment of Corporation. For, in our main original classi
fications, we place Corporation, not among the expressly ascer
tained units, but as a separate class. The confusion arises from
the subject, consists of the confluence of the things in tribes,
and is explained by the fact, that our theory anticipates, that in
the future the corporation will more and more take the place of,
and fulfill functions of civil government ; or at least, that there
is a possibility and a practicability that it may do so, and that
all the three elements of the tribe, tend towards a re-integration
in their primal form, but in a renewed and Christian spirit.
2. Permanence of the Tribe Principle.
The Tribe, as an element of society, although a unit in the
early ages of Mankind, and of each Nation in particular, yet
soon disintegrates or differentiates into heterogeneity ; and as to
its form, so far disappears from visibility in modern society, as to
require to be considered as a PRINCIPLE rather than as a unit.
In general, the tribe, according to ancient history is the origi
nal foundation of political government, being the immediate
successor of the patriarchy. Nor does it ever lose its power (in
a transcendental sense), as a unit and element of modern society.
But its power and spirit ever survive in all societies, although
the forms of its manifestation change. This idea seems not to
have occurred to any previous writer that we remember.
We are shown the IRREPRESSIBLE activity of the tribe PRIN
CIPLE, by its continual reappearance in modern society, even
where we should be apt to expect it least, as in the early tend
ency of every religious denomination to change insensibly from
a voluntary to a virtually hereditary association, especially is
this the case with the small denominations. We see the same
thing also, in the various dignified occupations and professions,
even those of politicians and statesmen. The Corporation be
comes a Social Circle led by the same Families.
3. Natural History of Tribe.
This tribe principle has a very complex origin in human
nature, and fulfills various different functions.
THE TRIBE PRINCIPLE. 99
First, it forms tribes identical with Social Circles. It sup
plies Individuals to form new Families. Incest is decided to be
objectionable, not only on physical grounds but also because
after arriving at puberty, it is well on account of mental peculiari
ties, for people to have a new start in life ; as it were, a sort of
being born again into a new world, by bringing together different
elements from different Families. And in love, it is not more
certain that we choose our resemblances in some resoects, than it
is also certain that we choose our contraries in certain other re
spects. Thus instinct, as usual, anticipates physiology and other
sciences. Incest therefore needing to be avoided, a circle or
collection of Families, that is, a tribe, becomes a necessity even
to the happiness and perfection of the Family itself.
Then again, the natural desire and tendency for friendship in
the same sex, of persons of similar ages and sympathies, require
a collection of Families. Otherwise, the parents would have no
friends of their own sex, as here mentioned. And in the younger
ones, friendship craves more variety than the relation between the
sexes, and hence there is a stronger reason for the tribe existence,
for these early ties, than even for the Family relation itself.
Then we have occasional or only temporary cooperations needed,
in greater works than can be accomplished by any one Family.
These give rise to tribes. There is first, temporary organization,
next social organization, next business corporation, next political
corporation, and next tribe.
In primitive times the tribes are often migratory, and so the
Precinct idea or even the neighborhood idea, is only temporary
at first.
Even if we assume, Mankind arose from one pair, the increase
of Families would soon give rise to social sets and cliques ; and
these again would soon result in the formation of separate com
panies and of separate locations, thus, of tribes. There would
be no centralizing power, no central force of attraction after the
first parents had died, or at any rate, not long after the successors
appointed immediately by them had died. And thus the result
would soon be Social Circle, Corporation and Precinct, together
forming an independent tribe. Therefore it is, that we must
commence the theory of society as now understood, and as related
to politics or to government, with the tribes as already existing.
100 BK. I. SUMMARY INTRODUCTION. II. VIII.
For the central power which could exist any length of time, only
under a patriarchal form, has no relation to anything that goes
to exercise power in modern society. It is a power (in Family
isolation), of personal and parental affection, which can never
afterwards be repeated except under similar circumstances.
Hence it is that the theory of society as a political government,
must begin with the centrifugal force of rival tribes, as well as
their cooperative force. Indeed, it seems almost certain in our
historical vision, that the centripetal force arose only by an after
thought, namely, the combination of two or more tribes to resist
some other one tribe or combination of them.
The Social Circle and the Corporation are different means of
overcoming new evils; they are new organs put forth by the life
of society in its growth, but mark ! not to fulfill functions better
than the now grown tribe, but to fulfill functions which the now
grown tribe cannot fulfill at all. The grown tribe may, it is
true, do the material work to be done, in an inferior manner ;
but is utterly incapable of accomplishing the mental harmony,
the moral work. Without the corporative organ, the tribe may
build a road, but it will only be either one of universal necessity,
or else one of favoritism to a few, at the expense of the others.
Again, without the Social Circle functions, the tribe may pro
duce marriages, but they will not be happy ones. They will
either be marital servitude, as in primitive conditions ; or mari
tal wars, as in modern civilization, where fashion now does the
forcing which the barons and fathers used formerly to do.
4. Mutual relations of the three constituents.
(a) Balance of the three constituents. We maintain, that one
of the necessary balances of power, must be a balance between
these three elements, as if units, as indeed between all the six
units of society, namely, Individual, Family, Social Circle, Pre
cinct, and Nation, and morally, Mankind also ; each taken as
one alone. In a harmonious government, each of these six
units must have its full influence, namely, each unit must have
an equal influence ; and each unit one undivided influence. And
similarly, the three elements of tribe, as if units, must be brought
into and kept in a balance with each other, -just as the three
prismatic colors, all must be weaker or all stronger, in order to
combine in a pure white light.
THE TRIBE PRINCIPLE. 1Q1
Here then arises the necessity of having each element brought
into harmony with itself, with all parts of the same element.
(6) Corporation. Formally, our theory does not argue for
so much fundamental necessity, prominence or importance, to
the Corporation, as it does to the Precinct, Social Circle, and
those other instinctive elements we call units ; but assigns it to
a separate order, called artificial or rational. All we have to
remember here is, that the right of all citizens to form simple
corporations within the Precinct, is a right involved in the fun
damental elements of society, namely, the tribe element. It is
therefore as eternal and indefeasible, as the right to form part
nerships or any other contracts ought to be : but of course not
including any natural right of monopoly," for this perversion
into monopoly, is the very matter that has destroyed the rights
of all men to form corporations at their own will and judgment.
The greatest peculiarities about corporations, appear to be
those which follow essentially from the nature of the case, and
relate mostly to those corporations whose very objects and nature
require them to have a greater local extent than one Precinct,
such as corporations for roads, or travel, or general purposes, or
politics, or for larger divisions of territory than the Precinct. But
still these should always if possible, be chartered by one or more
Precincts, rather than by the Nation. It is chiefly thus that
corporation-honesty and moral responsibility can be revived.
And the Precincts may combine for special purposes ; either to
do certain works themselves, or to unite and charter some corpo
ration to do the same directly, but not through the medium of
some other corporation. The chartering of one corporation by
another is unnatural, especially for political purposes.
(c) Social Circle. The differences of Social Circles, are more
natural and inherent metaphysically, than of location or Pre
cinct itself; but those of Corporation are less so ; and when cor
porations are absorbed by, or become made up of Precincts, still
the differences of Social Circle will continue.
But the only Social Circles which can found their true defence
in the tribe principle, roust be those in which the elements of
kindred, friendship, affinity, and immediate occupation, are
likely to be active and prominent. Hence, merely voluntary
even if organic associations, called "classes' 7 of society, cannot
102 BK - L SUMMARY INTRODUCTION. II. VIII.
be considered to be a fundamental element of government. They
are ghastly bodies without souls, and the cause of great civil woes.
In other words, differences of social position pertain to the Pre
cinct, but not^to the Nation : and their physical forms should be
either Corporation or Precinct. And the Precinct being the ma
terial or bodily form, is the one with which daily government has
more to do. Yet the government which is founded on ignoring
any fundamental element, is that far, .a falsity. But Social Cir
cles, enlarged and de-souled into "classes of society," should have
no recognition as fundamental elements of the unit we call Nation.
Now in the case of the true Social Circles, as their character
and object will be spiritual, so also should be the power used,
namely, spiritual moral and voluntary. And in their case there
seems no easy task to find any existing satisfactory American
method, of giving honest and peaceful Social Circles any open
influence in government; or of preserving in any honest manner
their rights, except perhaps in the organization of juries, and in
two or three other applications which are to be considered in
another place. But the greatest present means for the virtuous
Social Circles to preserve their fair and equal rights against the
vicious Social Circles, and against inimical prejudices, is, by so
ciety spontaneously forming into small Precinc:s with original
state rights, as shown in that part of the subject. In fact, all
minorities must look to the full right and freedom of forming
themselves or collecting into state-Precincts, as their principal
method of obtaining either property-rights or personal freedom,
in the United States. The common corporations ought not to
have, and Social and religious Circles cannot easily have politi
cal rights, as such, in this country, except as in Precincts. Hence,
the tribe principle practically becomes the Precinct element.
Nevertheless, new kinds of corporations can be devised, to ac
complish all that is necessary under this head.
In this/ country, property-holders, like all other minorities,
can look for their rights to the spontaneous formation of civil
corporations, or else of collecting in small Precincts where
owners' rights will be guarded simply on the ground of the
fundamental rights and independence of the tribe- elements, and
of the tribe principle. Property is only one of the constituents
of Social Circle. The other constituents equally as important
THE TRIBE PRINCIPLE. 103
and active, are, morality, intellect, education, and sometimes even
personal acquaintanceship and good manners.
(d) Precinct. Just as in the Individual, improvement re
quires that each person should become more in harmony with
himself; his affections, his reason, and his will, all harmonizing
together: and just as in the Family, its two objective principles
must be in harmony and in unison with each other, that is, the
parentage principle in unison with the sexual, in one unit the
Family; just so, the three different elements or principles of the
tribe, namely, Precinct Social Circle and Corporation, should in
a perfected social system, be found all in the same one unit ; that
is, the usual Precinct should be ever tending, more and more,
to become or consist of only one Social Circle, and to be but one
corporation for its own special purposes.
But all Precincts need not be thus constituted. For the most
beautiful music is made not by all the sounds being the same,
but by some of the notes being far distant in the scale, yet duly
related to each other, and so, harmonious. And the prettiest of
all the accords, and the only one that nature makes, is the octave,
(the natural harmony of the male and female voices). Thus
one kind of Precincts would consist of sames or equals as to in
tellect, morals and property : the other kind would be of accords,
where the differences of intellect morals and property would be
organically recognized. But the tendency of even these two
kinds of Precincts would ever be towards each other morally
and metaphysically ; namely, towards each other in resemblance,
and towards each other in friendship.
It would therefore appear, that most of those powers of Indi
vidual freedom, which the Individual-liberty theorists advocate
for private persons, we advocate for the three differentiations of
the tribe principle, namely, Precinct, Social Circle and Corpora
tion. And we prevent these from abuses and tyranny, by two
principles. One is, the equal rights of all other similar bodies,
as established and guarded by the central or general government ;
Spencer's principle for the Individual, extended to these three
social bodies. The other principle is, by making the Precincts so
small comparatively, and by so securing the freedom and security
of persons and property, in changing from one Precinct to an
other, that the free choices become indefinitely various.
104 BK - L SUMMARY INTRODUCTION. II. IX.
Precincts being material things, visible material divisions of
the earth, must ever be the forms and bodies, of which social
differences and voluntary associations are the souls. Precincts
are the fundamental organizations for human liberties, and for
the rights of minorities. Then, by the voluntary principles of
competition, interest, urgency and utility, whereby Individuals
and parents are now able to regulate themselves and their affairs,
the Precincts would then be obliged and be taught, to regulate
themselves and their affairs for the general good. And this, too,
without their necessarily having any more really benevolent in
tentions, or much more Social Science than they now have ; but
all be brought about by those spontaneous natural principles of
social order, which the liberty and " let alone" theorists advocate
for Individuals. Thus Precincts, like Individuals, would all be
acting however ignorantly yet surely, for the good of all the
others.
CHAP. IX. BALANCES OF ALL THE ELEMENTS OF SOCIAL
SCIENCE.
1 . Balances of the Analytical Seven.
(a) Law of proportions of power. The balance of elements,
implying an equality of political power in each, requires that
the activity and perceptibility of the power of each should be in
inverse proportion to its extent or greatness. In other words,
the larger and the more complex and less voluntary, any po
litical organization is, the less compulsory power should it exer
cise over the elements below it ; in other w r ords, the greater the
tribe or Precinct or company, the less power should it exercise,
over either the Families or the Individuals who compose it.
And the greater the Nation, the less power should it attempt
over either the Precincts, companies, Families or Individuals,
w T ho compose it.
(6) Natural tendency to over-centralization. Nearly all the
political evils of government come from violating the foregoing
law, come from applying to tribes and Precincts, principles
applicable only to Families, and then applying to Nations, prin
ciples that are only applicable to tribes or Precincts. This we
shall find to be the cause and process, not only in theory, but
in the actual history of the origin of society and governments.
BALANCES OF THE FOURTEEN ELEMENTS. 1Q5
Even the Chinese empire, now consisting of one-third the popu
lation of the earth, was once a small tribe ; and then its patri
archal form was quite appropriate. The only mistake it has
made is, just like that of our individual states, namely, merely
retaining the old form under the now entirely different circum
stances. And this too, with the same excuse as we, namely,
that the change of extent is too gradual to be exactly marked as
to any precise time.
Just as Individuals generally have a tendency to excess of all
social indulgences, and to giving the social customs of society
unrighteous sway ; so have governments and Nations the tend
ency to excess of the social principle in centralization. Just as
the stronger sex has sway, to the neglect of the feelings of the
weaker, so in political constitutions, the stronger unit, that is,
the Nation, is prone more and more to have its own way, even
with the free consent of the lesser ones. The thorough reform
must come, not from the Precinct, but from the Nation. The
tendency is towards too much compulsory society throughout.
In Families, it comes to neglect the rights of Individuals, and
makes social slaves. In the Precinct or neighborhood, it comes
under the guise of fashion, to nullify the rights of Families and
Individuals. In the Nation, it comes absorbing all the rights
of the Precinct, and finally reverses the true order of nature,
and assumes with true feudal despotism, that the rights of the
Precinct flow downwards from the Nation. In like manner no
doubt, if a universal or general empire of many Nations could
be established, it would also have the temerity to assume, that
all rights had originated from it ; although Mankind had been
without it in fact for thousands of years, and it itself were but
of yesterday, the mere success of tyranny or of brute force.
"With the Chinese and about three-fourths of the population
of the globe, the two elements which the governments chiefly
recognize are, first, the Family element, through its head the
father; second, the Mankind-element, in the limited form of a
universal empire of its own race entirely secluded from all other
races.
In the other and smaller part of the human race, the Family
as a governmental element is scarcely recognized at all, and the
national and race ideas, are not isolation from all other Nations,
106 r ' K - I- SUMMARY INTRODUCTION. II. IX.
but are conquest over them ; and among the Nations themselves,
the idea is not confederation, at least not permanent confedera
tion, but each one struggles to maintain such a balance of power,
as will give itself a moderate advantage over each of the other
powers in the equilibrium! Yet all the while, the idea of a
Precinct as an element of governmental power, has never had
its balanced exhibit among; civilized or semi-civilized Nations,
o /
except perhaps in some parts of the German empire, in India
and Japan. But among savages and barbarians, the idea of the
Precinct-power, has been held with such tenacity as absolutely to
prevent nationality.
(c) Fields of physical and metaphysical power. In the spon
taneous and inorganic relations of Nations to Mankind, and in
corporations, the more developed and intellectual parts obtain
mastery over the others. Whereas, in the compulsory, very
formal, organic and ordinary relations of Precincts to Nations,
the most physical and least cultivated morally, whether persons
or Precincts, are the classes which are strong, and do practically
succeed in governing the whole Nation. Thus the South gov
erned the North, and now the West governs the East.
The submission of Individuals and of Precincts to Nations,
is different from that of Nation to Nation, or of Nation to
Mankind. The principles are different.
Hence, each locality, and every minority, should have its
rights protected by some practical and social means, at least as
effectual in their sphere, as the barriers of race, which include
language, religion and permanent intellectual and physical de
velopment. And it is evident that there is no possible arrange
ment short of human perfection, that can accomplish this end,
except that radical constitution of Precinct, which our theory
proposes; or that of voluntary political Corporation, subsequently
to be more fully explained.
(d] Different elements represent different rights. There are three
moral theories of social rights, essentially different, namely, the
cosmopolitan, the national, and the neighborly. These three
moral theories are all true in their proper locations, but outrage
ously false, out of their locations.
The cosmopolitan or universal-brotherhood theory, is that
which properly applies to the internal affairs of the Precinct,
BALANCES OF THE FOURTEEN ELEMENTS. 1Q7
and of the Corporation, except to such affairs as are inconsistent
with the peculiar organization or object thereof. But the national
theory applies to affairs outward of the Nation, and establishes
chiefly, the self-protecting rights. The Nation's chief operations
are with other Nations, it being the protector of Precincts and
Corporations, and being the organ expressly for foreign affairs.
The chief uses of central or national government, are to guard
against the forces, tricks, tariffs, &c., of other national govern
ments ; and to prevent the internal Individuals, Families, and
tribes, from resorting to force, tricks, tariffs, &c., in hinderance
of internal freedom and intercourse. The Nation, as to other
Nations, is to be an active power in principle ; whilst in regard
to the internal parts of which it is composed, it is to be nega
tively active, namely, active chiefly to anticipate and prevent
probable disorders ; Nations being supposed to be at selfish com
petition with other Nations, and to favor peaceful cooperation
within their own borders.
To consider, then, the most active and efficient functions of
right daily government, we must go to the Precincts or small
bodies, and consider THEIE rights and powers.
As to the Nation's influence WITHIN the Precincts, or within
the corporations, THAT must be founded upon cosmopolitan or
universal brotherhood principles, with the additional idea of a
paternal governing and unifying principle. Whereas, the Pre
cincts themselves, and the corporations also, each one for itself,
will be the administrator of the aforesaid world-wide principles
of brotherhood, to all such persons as properly and of right
compose it, or ought to continue to compose it. To all others,
it must be a self-protecting institution, that is, be conducted on
the national theory. The same is true, also, of Social Circles,
Families, and Individuals, every one for itself, the Nation for
them all.
The difference between national and Precinct rights, may be
summed up thus ; national government is fulfilled by securing
the two rights, internal liberty and removal. Precinct govern
ment is fulfilled by securing internal strictness, and by free
removal. And voluntary Corporation can fulfill many of the
functions of both Precinct and Nation, but not all the functions
of either.
108 BK - ! SUMMARY INTRODUCTION. II. IX.
2. Balances of the whole Fourteen.
(a) In General. The foregoing doctrines of the balance of
the units are now to be explained in a wider sense. Hitherto
we have referred them only to the elements of the analytics, but
now they are to be widened so as to include the elements of the
synthetics also : and these balances are to be understood chiefly
in a moral and metaphysical sense.
Society, as we have already seen, analytically consists of six
instinctive units and one deliberate element, together making
seven fundamental elements ; also we have seen that synthet
ically considered there are seven departments of thought and
administration in government (whatever be the analytical ele
ments which administer it or are subject to it), namely, Prop
erty, Life, Health, Intellectuals, Morals, Civil Government, and
Communism. And a complete Social Science must include the
treatment of all the fourteen elements as fundamental : and
therefore, a balance must be maintained between them.' But
the term balance must now be understood in a more abstract
sense. The first seven elements are typical of the last seven.
Thus, all we have said of the theory and balance of the first
seven, is, by a little enlargement of principle, applicable to the
theory and balance of the whole fourteen also. But the balance
now, is rather a balance of opinions and of scientific departments,
than of political powers.
Here belongs the explanation of a law of facts that has often
been observed, namely, that the attempts to suppress some moral
evils by force, or by direct legal action, turn out in fact to
really increase the evils, besides producing other and greater
ones. Attempts of this kind generally come from efforts by
some more general Ele:nent, to take away the rights of some
less general one. Th.^ explanation then is, that the rights of
each element will find vent in its own sphere, so that no one
element CAN profitably interfere with the rights of another
element. No other explanation of the curious law of facts
above mentioned, has been given that we know of, which does
not tend in substance, either to take away the value of law
altogether, or else offer itself as a mere isolated and empirical
explanation of some single fact. But what is wanted is an
explanation which will be both general rnd definite.
BALANCES OF THE FOURTEEN ELEMENTS.
(c) Balancing powers, to be homogeneous. Moral powers must
balance moral ones, and political powers, balance political. For,
in regard to the balance of the elements, it is not always neces
sary that the equilibrium be maintained by political or civil
power, neither is it possible always to maintain such equilibrium
by moral or intellectual means only, without civil or political
power, but sometimes the one kind of power must be relied
upon, and sometimes the other. All that this part of the theory
requires is, that the equilibrium should SOMEHOW be actually
maintained.
It will however be evident on reflection, that to establish a
theory which will be simple and homogeneous, the political
power of one element must always be balanced by the political
power of the other elements ; and so also with the moral powers.
Thus for instance, the moral or intellectual powers of a district
should be balanced by the same kind of powers in the Individ
ual, the Family or the Nation. And on the other hand, just
in proportion to whatever political power may be granted to a
Nation, so also should balancing political power be bestowed
upon the Individual, the Family, and the district. For while
it is true that one kind of power in one element, may possibly
be greatly counterbalanced by another kind of power in the
other elements, yet the problem or case for human calculation
is thereby made indefinitely or infinitely complex: so that on
the one hand, human reason can never fully understand the
equilibrium, even if an equilibrium could be obtained ; and on
the other hand, the chances are almost infinite against there
ever being an equilibrium under such conditions.
It would follow from this theory ; as Mankind or the race as
a whole, is a real unit ; that government can never be perfect
until some limited balance of political power is vested in Man
kind, and some suitable political form discovered whereby that
power may be exercised. And as long and as far as the power
of mankind as a whole, is exercised only by moral and intel
lectual means, so far and so long it may be kept in due equilib
rium, without any other powers in the other elements than the
moral intellectual powers ; and vice-versa.
Some principles of social duty are dependent entirely upon
conditions of mutuality, for instance, the Free Trade principles.
BK - L SUMMARY INTRODUCTION. II. IX.
So also are all theories of equality. They must be recognized
by both parties, or they are not justly obligatory upon either.
Yet, there are Christian duties of supererogation, to a limited de
gree, in Social Science. But on ordinary principles, no Nation,
Precinct, locality or corporation, can be expected to act unself
ishly to others, nor to cease to strive to maintain or obtain mas
tery, when it knows that the others are striving to maintain or
obtain the mastery over it.
Although the balance of power and of rights between all the
fourteen elements, is to be equally maintained, yet property is
not to be counted directly, except in communism, where the
very nature of communism counteracts the evils of an honest
property influence or representation within a commune. In other
words, a regulated and limited common property can (and alone
can) firmly establish a property-representation for those who
have contributed it. This doctrine of course precludes, until a
more perfect human nature comes, that absolute communism
which the so-called socialists imagine. And on the other hand,
it excludes all vain and hopeless attempts to obtain for property,
some political power indirectly in ordinary civil government.
(c) Delegation of Powers. Each element must be considered
as delegating a portion of its powers to the political govern
ments of the Precinct, Nation or Corporation, so far as neces
sary for the preservation of the rest of the rights and interests
of the same element; but not, as is generally thought, be required
to make this sacrifice for the rights and interests of some other
unit or element. For that would be a sort of metaphysical
generosity, not to be expected in government affairs.
Good government cannot be obtained without delegating
strong powers to some party or organ, whether Unit, Element
or Individual. But the difficulty is how to apportion the dif
ferent powers to their proper Elements.
The right of government to operate in various miscellaneous
affairs, not directly necessary to preserve equal rights and prop
erty (such as education, maintenance of the poor, post offices,
&c.j &c.,) has been questioned. But we maintain that the im
portant tests are, not the kinds of w r ork, but the amount and
object of the interference, and especially the unit by which the
interference is to be accomplished.
BALANCES OF THE FOURTEEN ELEMENTS. m
We must grant the right of each unit to take direct care of
the parts next under it, and of which it is composed. But
excessive centralization cannot be justified by authority of this
principle, because excessive centralization attributes to a Nation
the right to violate the equal rights, all at once, of all the other
units.
Another point to touch upon here, relates to all the depart
ments of government. This point is the right of government
to an adequate share of property-accumulations, bearing some
proportion to its share of influence in the production thereof.
Nearly all property is owing largely to civilization, and that
again is largely owing to the peace and order produced by good
government. This claim comes, not for officers nor Individuals,
but for the thing itself, government. Good government can
not be obtained without paying well for it openly and honestly,
both in money and in honor; to some persons money, and to
other persons honor, and to others, both. And if the large
payments were made honestly and openly, the real expense
would be less in the end than where the remunerations are
taken underhandedly ; and then better men also would be
secured.
(d) Typicalness of the Series. In the series (as given in the
Analytics) of the seven elements, each of the six units as a
whole is typical of all the units above it in generality ; and the
developments of each unit are therefore to be considered as
typical of higher social phenomena, as a flight of six stairs,
rising higher and higher. But Corporation placed solitary as
the seventh element, has all the six units typical of and leading
to it, not as stairs, each to and by means of the other, but each
for itself leading directly to it, like doors and windows on the
first floor of a building. Consequently, the reader is requested
to give that turn to whatever articles we may publish of that
analytical series, so far as their nature admits ; and thus to read
them with both meanings. For it is by such methods of study,
applied to each unit, that the writer entertains hopes of some of
the many future unexpected, but indisputable, developments in
Social Science. And it appears to him that the very same rela
tions, but in a more transcendental sense, may be traced in the
seven elements of the Synthetics also.
BK. I. SUMMARY INTRODUCTION. II. X.
CHAP. X. ARBITRATION-JURIES.
1. Indirect Balances in General.
There are some very simple indirect methods of approxi
mating the genera] balance of all the fourteen elements. The
first is, investing the male sex alone with civil powers. Bat of
that, we would treat under Family. The second consists in in
vesting age with a counterbalancing power in government. This
may be accomplished by placing the powers of age and youth in
separate legislative bodies, so as to counterbalance each other;
malting greater age a qualification for voting for senators, than
for voting for members of the lower house. The mere age of
the official representative, (as now ordained) is of very little con
sequence in this connection. This topic will be treated under
" Civil Government." Another method of indirect balance, is
by arbitration-juries, the full and practical details of which are
reserved fpr " Civil Government." But here we give a general
statement of the idea.
2. Arbitration.
Here, a few words may be allowed upon the propriety of ar
bitration in civil affairs. Often, both parties in a suit are to
blame : in which case, judges and juries ought to prescribe com
promises where practicable. But our laws do not fulfill any
such function, except the parties themselves voluntarily agree
to it : which is not at all what we mean. For the law, in many
cases ought to fix compromises, rather than decide entirely on
one side.
The next argument in favor of compromises, is, that all law
and all order and all society are founded upon compromises.
An instance is found in the new law to settle the difficulties of
the land-tenancy in Ireland. It is to be administered by courts
of arbitration specially instituted for the purpose. Because it is
evident, that common law remedies for a grievance so deep,
among a people so poor as the Irish are, would be useless to
them. And if arbitration be good for them, why will it not be
equally good for us and for all ? Thus it is, that the necessity
of arbitration in civil affairs, is beginning to be perceived. And
even in criminal affairs, the Scotch have a compromise verdict,
namely, " not proved."
ARBITRATION-JURIES. 113
3. Juries in general.
Juries, originally in former times, were only of the middle
class. They were an institution established to protect the
middle class from the tyranny of the landed aristocracy. The
middle class is of course the most suitable if only one class is to
be represented therein. But anyone class will take too much
care of itself. The right to vote, and the right to serve on
juries, were co-existent at the first; and then, when the right to
vote was given to all in the United States, the right of juries
went with it, although not deliberately as a specific or intended
object, but incidentally, and even perhaps inadvertently, jury
work being considered as a duty rather than as a right.
The idea of trying a man " by his peers," originated in crimi
nal trials, when political offences were held to be the same as
criminal ones, and when the defendant was considered as the
only person interested (the commonwealth being considered as
the plaintiff), but that idea does not apply to property cases, for
in these, there are involved the interests, at least of two other
Individuals. But even in personal and criminal cases, the feel
ings of the injured and the sympathy of his friends, have a right
to be and ought to be heard, at least as fully as those of the
accused. Only thus can private revenge be prevented. More
over, to give one class, trials by their own sympathizers only,
tends to put other classes at their mercy as to life and limb,
and destroys the general feeling of security. Now in principle,
the idea of trying a man by a jury of his own class alone, is just
as absurd, as it would be to try men by a jury composed only
of the sympathizers with the injured party or with the accusers.
Hence, both in criminal trials and civil suits, the jury ought to
consist of men from both sides or classes.
4. Classes of Society.
Juries, if they are, ever to be impartial and under equal influ
ences, must recognize existing classes, and provide against in
equality in the jury box. As long as petty jealousies do exist
between elements of society, and the sympathizers of each decide
for its own class ; and as long as oaths have so little effect in
doubtful matters of opinion ; and as the decisions of juries often
of necessity have to depend upon* doubtful, obscure and difficult
points of facts and of law, so long every government should,
BK. I. SUMMARY INTRODUCTION. II. X.
in some measure take cognizance of and provide for the differ
ences which do exist ; and the government which so fails to
recognize the real differences, is so far founded upon a falsity,
and so far is in itself a despotism. And if government persists
in such oversight, and persists in practically maintaining that
minorities have no rights that majorities are bound to respect;
such selfishness and unfairness in the government, will surely
also select unfair men for its officers, and men not above taking
bribes ; and the consequence will be, that the minorities will
persist and increase in their practices, of considering that majori
ties have no rights that minorities are bound to respect if they
can avoid them by bribery and trickery. The present anarchical
and selfish condition of the moral sentiments on these subjects,
is very acceptable to those who are willing to give or to receive
bribes, but is rapidly corrupting the moral tone of the Nation,
and throwing the wealth of the country into the hands of im
moral tricksters or reckless gamblers ; and unless checked, must
ultimately result in driving honest poverty out of politics, and
honest wealth out of the country. Let all classes have their
dues, but let them use the means of honesty, compromise and
arbitration. Then politics will become synonymous with pat
riotism ; and wealth become synonymous with virtue and
utility.
Taking juries indiscriminately from the people, gives the
refined, the educated, and the wealthy circles, but a small
minority, seldom even one in each jury, and in cities, not one
for several juries. Now, in trials where large amounts of prop
erty are in dispute between contestants all wealthy, this habit
of submitting them to the decision of men most of whom have
little or no property, and whose personal character is unknown,
is a habit quite as erroneous in principle as it is unjust and cor
rupting in practice. Moreover, juries in reality are a sort of
arbitrators, and ought to be so considered and arranged for, in
order that both plaintiff and defendant, and all parties interested,
should have an equal representation therein. And it is well
known that in the large cities, the juries very often are packed,
and made to consist of men of little character, and who are
either watching out for jobs, or glad to glut their clan-animosi
ties and partialities. -
PRINCIPLE OF VOTES.
5. Principles of the Methods.
The methods for constituting juries which we would propose
as the true ones, are founded upon the three following principles.
(1) A wise recognition of, and so an efficient provision against,
the evils of the different classes of society. This recognition
might ascertain the classes of society, either on the basis of vol
untary association, or of Social Circles, or on the basis of their
taxation, or on the basis of expenditures. (2) The second prin
ciple upon which our proposed method is founded, is a modified
arbitration, namely, simple arbitration modified by this, that the
parties are to choose, not the individual arbitrators, but the class
thereof; or at any rate, the law to choose such a class for them
as they would naturally choose for themselves. That is to say,
the law chooses a portion of the arbitrators from their natural
class. (3) The third principle upon which juries should be
founded is, the principle of counting the public a third party,
needing its share of arbitrators in trials for crimes or public
wrongs, also in civil cases of direct public interest ; so that the
public would have one-third of the arbitrators, and the plaintiff
another third, and the defendant another third.
CHAP. XI. PRINCIPLE OF VOTES.
1. Expression of Averages.
As the universal balance of all the elements of Social Science,
is supposed to be the highest attainment of human government,
so, in a republican government, or in a deliberative body, this
balance of elements may be popularly supposed to be attained
by and in the AVERAGE will of the ONE element, namely, the
Individual. At any rate, a government can only be truly re
publican, even as representing only the one element Individual,
when it represents the opinion and the will of the AVERAGE OF
ALL; not of a majority only. The true will of any voting
assembly is not its majority- will, but its average will.
The discovery and expression of averages by elections, is a
problem requiring considerable mathematical ability to under
stand, when stated briefly: therefore a fuller treatment of it is
reserved for "Civil Government." But the process of voting
under it would be quite simple enough. It is a process which
is also commendable for its other advantages, besides the mere
116
BK. I. SUMMARY INTRODUCTION. II. XL
feature of its expressing averages, and is merely one case under
the general formula of the ideal ballot now to be mentioned.
2. The Ideal Ballot.
(1) Ideal Ballot in general. As a brief abstract statement
would scarcely be intelligible, the accompanying concrete for
mula is furnished. This general formula ticket is given in a
very low number of names, merely to exhibit the principle.
The names of persons may be either written or printed. The
grade figures below 100 must be written by each voter. The
rest of the ticket is supposed always to be printed. It exhibits
ORDERS of choice and also DEGREES in those orders. In the
proposed article "Civil Government" we shall show how to
simplify these ballots and the degrees of choice for practical
purposes ; but here we treat them only generally and for mathe
maticians, to show the theory.
TICKET.
CANDIDATES 7 NAMES.
GRADE VALUE.
Adams
First Choice 100
Brown
Second Choice P5
- Clark
Third Choice 92
Dunn
Fourth Choice 70
Evans
Fifth Choice 66
- Flipp
Sixth Choice 62
This formula would probably be the actual ticket, only in
four cases ; namely, either for six choices by each voter, if only
one officer were being voted for, or three choices, if a board of
two officers were being voted for, or two choices, if a board of
three officers. (Or six votes for four officers.)
For small boards however, three choices for each officer should
be allowed to each voter. And even for large boards there
should never be less than two choices for each officer. So that
in cases of large boards, the ticket should be enlarged to double
the number of the board to be elected. For instance, a board
of ten officers would require a ticket with privileges of at least
twenty names, by each voter.
This ideal ballot gives at once and altogether, all the advan-
PEIKCIPLE OF VOTES.
tages of all possible improved plans of voting, whether by con
stituencies, or by representative bodies. All the other proposed
improvements are valuable, only in proportion as they practi
cally approximate the same results as this, or else, as they may
tend to prepare for and lead to its adoption. This most general
formula for a ballot, namely, our ideal ballot, is one which
expresses all the following principles at once :
((a)) Applicability to any number of persons, for one office or
board of officers, whether one or many. ((6)) Expressive of
alternate choices, and of the degrees thereof, both as to candi
dates and as to PARTIES. ((c)) There are here supposed to be
only such legal restrictions to its absolute unlimitedness, in re
spect both to choices and to the degrees thereof, as are necessary
for practical convenience of counting ; and therefore applicable
to exclude any immense count of useless scattered ballots. No
other restrictions are now made than are thus or otherwise sc ! en-
tifically expressed. ((dj) Restriction c to a. Let each voter
vote for not more, say, than five alternate choices when for one
officer, four alternates, for two, three alternates, for three or
more officers to be elected in a board. ((e)) But no voter need
vote all the number allowed him, unless he chooses to, but
should never vote less than three alternates, nor ever more than
ten alternates, except when a board of more than five, and then
two alternates for each officer. ((/)) All the expressions must be
placed on one ballot paper, whether for a board of officers, or
for only one officer. ((g)) Restrictions c and d to b. Let the
highest grades of alternates be, say 100, and let the lowest grades
of alternates be never less, say, than 50. And let the voter at
will, divide all the grades of his alternates between 100 and 50.
((/i)) Illustration. Case d-e-f. Suppose for one officer. Each
ballot would contain five names. Then a voter's first choice
would be 100, his second perhaps might be 90, his third might
be 80, his fourth, 75, and his fifth 70, or with differences
whether fixed by law or not, any how, so the fifth choice was
not less than 50. (()) Illustration. Case d-e-f. Suppose for a
board of five officers. Then each voter has the privilege of his
highest number, namely, 10 names on his ballot. ((j)) But if
voters would write no more than five or six names, this omission
would have the same effect as (but no other effect on the names
BK. I. SUMMARY INTRODUCTION. II. XII.
omitted than) if the voter had remained away from the polls, as
to those names.
((&)) If three parties were up, and if each voter would vote
for two persons of eaph party, then the sample ticket Avould
represent a case of a voter grading ALTERNATIVE PARTIES, as
well as grading alternative candidates.
((I)) Now, the summing up of these grade numbers of all the
candidates would represent numerically, the comparative total
grade values of all the candidates. ((m)) In the case of election
of one officer, the one highest total in I would be the one suc
cessful candidate. ((n)) In case of several officers being voted
for, as one board, say five, then the highest five totals in I would
be the five successful candidates.
(2) Ideal Ballot for ideas. The same principles which have
been given above, for voting for individuals, are also applicable
to voting for Jaws, clauses of laws, motions, amendments, &c.,
&c. But the methods of and the restrictions in their applica
tion thus to ideas, are among the highest and latest attainments
of forms in Social Science. They will be treated of in a sub
sequent work, under the head of " Civil Government."
CHAP. XII. PRINCIPLE OF CURRENCY.
Another transcendental use of averages is, their ability to
express the true principle of currency; and their consequent
applicability as an actual basis for the only currency that ever
can approximate to honesty and flexibility both ways, or to per
manent security. We can only here hint at this basis ; and post
pone the methods of its application, and the arguments for its
propriety, to a subsequent work. Well then, this proposed cur
rency, first must not falsify, must promise to give nothing but
what it can and will give when demanded ; and second must
promise to give a portion of all the commodities usually bought
or sold in trade. Because every sale of any article possessed by
us, is essentially an exchange of some one article for the privi
lege of reinvesting the same in ANY OTHER article ; and this
requires that the said privilege should be represented by an
abstract currency, but yet one that can always and at once be
m;ule concrete at the option of the holder. The element of
AVERAGES in this currency is transcendental, yet theoretically
PRINCIPLE OF CURRENCY. 119
absolute, and consists in this, that the trade transactions in each
one commodity during a long average time, are considered as one
element of those constituting the idea of the currency. And the
commodities and their proportions are selected with a view to
represent fairly, the collective average of the different commodi
ties by averages taken separately for the same fair length of
time. And such a collective average must (just as in the case
of votes) be the true total average of the commodities bought
and sold. And then a convenient amount of that average .of
commodities could be 'taken as the unit (instead of pollar or
Pound), and then convenient fractions of that must be taken
for smaller amounts. But of course in practice, only a certain
select number of commodities could be taken, but fairly, so as to
represent the whole these representative commodities could be
taken in the practical application for a real and actual currency.
Every currency that redeems promises to pay one thing by
paying another thing, or by promises to pay another, and so on,
can be nothing but a vicious gas for ballooning out into the
unfathomable regions of financial space, unless somewhere at the
bottom or end of the promise upon promise, there be a some
thing real and unalterable. And furthermore, every step of
promise upon promise, complicates the matter almost indefi
nitely, both as to the ability of the human mind to comprehend
its chances, and also complicates almost indefinitely the opportu
nities of the currency law-makers to "see-saw" it to suit them
selves, and with injury and injustice to a whole community.
Another point is that the amount of silver and gold is not a
tenth nor perhaps a hundredth part sufficient to meet the de
mands made for it in crises and panics ; and the sticklers for a
purely gold and silver currency can never do any better with
this part of the argument than to say that such a currency is
the best that can be established. But, is it the best ?
Now the seemingly probable expedient to avoid the difficulty,
is to introduce the function of time and credit, and to give all
currency-promises a right to require some specific time of notice
before payment can be demanded. But suppose, when the time
of payment comes, the old panic still continues or a new one
arises, what becomes of this probable expedient ? Another ex
tension (called suspension) ? And another? And so on? Thus
120 BK - I- SUMMARY INTRODUCTION. II. XII.
we see our balloon gas has only changed its form. Previously
it consisted in piling promise upon promises, now it consists in
piling time upon time.
But a currency of commodities, taking a sufficient number of
plentiful commodities, would always allow of redemption at the
option of the holder. One objection is that commodities are in
convenient to carry, and may not be the ones we happen to want.
This objection is easily removed in the present state of civiliza
tion and credit, by warehouses, and by pledges of actual stocks
of goods. And surely a credit system that can be trusted to
make irredeemable currencies, or to make extensions and post
ponements at willy can be better trusted to make a credit cur
rency based upon commodities demandable at will. As to the
other objection of fluctuations and scarcity of some kinds of
goods at certain times; this would be overcome by taking a
large variety of the commodities most used, and of standard
mercantile qualities. Suppose some thirty different articles were
selected, as Wheat, Rye, Corn, Iron, Lead, Copper and so on.
Then if any one or two of these happened to be unusually scarce
when panic came, or payment was demanded, let the payor have
the privilege of objecting and excepting to said one or two ar
ticles, and then let the payee have also the privilege to except to
an equal amount in value of any other articles he might select
as being unusually plenty. Thus the average would be main
tained. The proportioned values for such purposes would have
to be fixed when the currency itself was established. And let
NO ALTERATION of the currency be made except by an altera
tion of the Constitution of the Precinct or Nation ; and only by
the constitution let such a currency be established.
The unit should be taken as near the value of a gold coin
dollar as may be convenient, and then the constitution should
settle the exact value of the dollar in comparison with the new
unit of averages. Then whilst the standard was fixed in the
constitution, the details might be left to ordinary legislation but
requiring perhaps a two-third vote for alterations even thereby.
And after the relation of the dollar to the unit of averages had
been fixed, then part of the Real Estate and surplus old stocks
and loans of corporations, held by the banks, or part of their
fixed capital above what they had loaned out for the component
PRINCIPLE OF CURRENCY. 121
articles of the averages, might be allowed by an alteration of the
constitution, to enter into a new and enlarged list of components
but unaltered in average value. Then first class Rail Road
mortgage bonds, as also national state and municipal bonds, thus
translated into the new units of currency averages, might be
allowed to form a small or reasonable part of the banking basis.
Or it would be possible to make all these changes by one
alteration of the constitution, if it could be done fairly so as not
to make it a subterfuge to debase or alter the real value of the
currency-units. This transition itself would not be more dan
gerous than the present system, nor than the old system of state
banks.
And it would be better to make the whole change at once
perhaps, so as not to entirely throw out the government bonds
that are now the basis of banking. Indeed the very same
amount of government bonds that are now required as security,
ought and might continue to be required. Our whole proposed
change refers not at all to the bonds as security, but only to the
substitution of pledges of commodities instead of the artificial
present legal tenders and bank notes. And it would not be right
to release all those bonds at once and have them thrown on the
market at a ruinous reduction, which would at once spread dis
tress and ruin throughout the country, and only to the benefit
of foreign purchasers.
The reader understands that all bonds would then be estimated
for any and all purposes, at and only at their value in the new
units of the currency averages.
It is also understood that no property or commodity pledged
as the basis of currency, should be sold or removed unless by
substitution of some other lots of the same kind and amount, or
by repayment and withdrawal of that much currency. Such a
currency, in effect would be simply " orders" for goods in such
kinds and proportions that everybody would want them, and
everybody could readily convert them into the particular com
modity wanted.
All is made both convenient and practicable, by the introduc
tion of systems of warehouses, and by giving the new system to
banks based upon warehouse and other commercial contracts for
commodities actually in store, whether in public or in Individual's
122 BK - L SUMMARY INTRODUCTION. II. XII.
own warehouse. And what such banks would promise to pay
would be certain definite quantities in the prescribed ratios of
each of the kinds of commodities previously prescribed, when
demanded in certain specified amounts : having previously issued
out or loaned these currency averages in agreed amounts, for any
of the component specified commodities, or rather for pledges by
the customer, of the certificates of warehouse for the same, as
might be agreed upon.
There would also surely arise a class of dealers, some, mer
chants, and some, brokers, who would deal exclusively or very
specially, in only those articles which were required in the
Averages. And some of these would be wholesalers, and some
retailers. And to these each Individual customer could bring
in his currency, and obtain only just the one or two articles that
he wanted, and thus obtain them at only the usual and regular
market price, and without any loss. But in case of panic before
the arising of such a class of dealers, of course, holders of small
amounts of currency would have to sell it to brokers or mer
chants, who would thereby accumulate the required amounts for
presentation for payment. But the details must be reserved for
the proper place in " Property," one of our proposed future works
on Social Science.
The only fluctuations or discount, such a currency would be
capable of, would be the aforesaid brokers' charges for buying
up small amounts to consolidate ; and the slight expenses of the
charges and freights to near places deemed more safe ; and the
difference between the quality of the commodities which the
banks would really pay, and what the knowing ones would
expect, and that would not be much, for whatever difference in
quality they would previously expect, would be the permanent
depreciation of it, and not the expense of redemption.
CHAP. XIII. CONCLUSION OF INTRODUCTION.
The objection is often made against Social Scientists, that there
is no practical use in their kind of discussions, and no hope that
any special attention will ever practically be given to their con
clusions.
We answer, that this question of practicability depends entirely
upon what the particular plans are that may be offered, and in
CONCLUSION OF INTRODUCTION. 123
what spirit. If good plansiaad sound arguments can be offered,
in a good spirit, their practicability will depend on the intelli
gence, patriotism and justice of the people. Under such circum
stances, to doubt the practicability of the suggestions if good
ones, is to doubt the intelligence and patriotism of the people.
And when once any plans began to be tried in one or two
localities, and were found to produce, in a pre-eminent degree,
the benefits expected from them ; then to doubt their adoption
more and more by the people, would manifest a deeper infi
delity in the fitness of the people for self-government, than
would be worth while to argue against, in the United States.
Where would be the fitness of a people for self-government, if
they were going to be forever insensible to the demonstrations
of sound arguments confirmed by undoubted experience; and
if truth and justice must never dare to show their faces until
after their practicability is shown ?
Besides ; the World is wide ; and there are other peoples in it
beside those of the United States. And in these higher prob
lems of Social Science, there can and will be emulation among
Nations, as well as, and perhaps sooner than between the Pre
cincts of the same Nation.
The suggestions of Social Science are sometimes alleged to be
impracticable, because not put forth by any great politician or
political party. But that was equally true once, of every re
form that has ever been accomplished. Reforms begin in moral
powers, but after being morally successful, they are adopted by
political parties, by one party or by several. Those who are
best to think, are not the best to act.
Moreover, scarcely anything can be more censurable, than this
habit of always crying out at every suggestion of improvement,
impracticable ! impracticable ! Would it not be better for our
" wiseacres" to spend their energies in the consideration of prin
ciples, and of what things would be useful, and how to make
them practicable, rather than in this eternal speculation about
what will be successful ? And hardly any minor matter hinders
improvement so much as this eternally choking down every
thought of, and every aspiration for, something better, under
the chilling contempt of impracticable ! impracticable.
And after all, we beg to remind our readers, that we have
124 BK - L SUMMARY INTRODUCTION. II. XIII.
very little concern about practicability. The law of right, as
Spencer says, will not be still npfr be altered, by our imperfec
tions, or present inability to fulfill it. Our business is to endeavor
to study out what is right, and what ought to be ; and then to
leave practicabilities to Time, to God, and to the statesmen,
deeply feeling however, that all that moralists can do in regard
to men individually or govern mentally, is to point out and
urge upon them, their duties, and then pray for them : and those
societies which after all, will not do the good, will certainly reap
the evil, socially as well as individually. Social Science pro
poses to accomplish its good effects, only indirectly. In this
respect it is like the relation of Theology to piety. Nothing
but the Divine spirit, working in the patriotism and equity of
the people, can peacefully develop the powers which would be
able and willing to accomplish thorough reforms.
There are many other points that might have been touched
upon in this Introduction, but we have endeavored all along, to
defer them to their respective places in the subsequent parts, and
to retain in the Introduction only such thoughts as are either too
general, or too complex, to find appropriate places anywhere
else. Hence its parts sometimes may have seemed fragmentary.
And so on the other hand, of the ideas that have been set forth
in the Introduction, but few will be touched upon in the remain
ing parts, and but seldom, except when giving them as the
topics of further elucidation.
BOOK II.
THE PKEOINCT.
PART I.
GENERAL VIEW OF THE THEORY OF THE
PRECINCT.
CHAP. I. PREFACE.
IN" order now to understand our idea of a Precinct, all the
usual legal idea and identification of Precinct with Corporation,
must be entirely banished and annulled. And almost every
thing that a Corporation is, a Precinct, according to our theory,
is NOT. See Corporation I. (A) & II. 1. 1 to Y. But a Pre
cinct is as much a fundamental Element or Unit of society, as
Individual or as Family or as Nation. Furthermore, in order
to get the true idea of a Precinct, we must presuppose a general
knowledge of the Individual, the Family and the Social Circle;
which Elements, for convenience' sake, we postpone the consid
eration of for- the present.
Precincts are neighborhoods organized into civil governments ;
they are territories within territories ; they are parts of a tribe
or Nation, and are not self-existent. In other words, Precincts
are the organizations of the neighborhood principle, in civil
government. They might be compared with the " states" of the
American Union, by calling them very small and REFORMED
"states."
The Precinct is the fourth fundamental Element or "person
ality" of society, as determined in our Analytics. It is also the
fourth UNIT as mentioned in the ascending series of the six
great Units. That series is thus : Individual, Family, Social
Circle, Precinct, Nation, Mankind.
But Precinct must be completely distinguished (in oar theory)
from Corporation, which is of a different genus, and is the
125
126 BK. II. PRECIXCT. 1. II.
seventh Element of the Analytics. Yet Corporation is ever
tending towards becoming a Unit, that is to say, a fundamental
element, but yet cannot be assumed to be entirely fundamental,
at least this early in the science, nor this early in the progress of
the human race.
As was said before, the Tribe-principle of human society, is,
in the early ages, undeveloped and unanalyzed ; but in the later
ages, this Tribe-principle develops into heterogeneity, and takes
three distinct forms, namely, Social Circle, Precinct, and Corpo
ration. The Precinct therefore, is a fundamental element both
.of Developed Society and of the Tribe-principle.
Of our great six Units of society, only two are political in the
full sense of the term, namely, Precinct and Nation. Of these
two, which may therefore be called the fundamental political
elements of society, the lowest, or the first one in order, is the
Precinct, namely, the element now immediately before us. Again,
of these six Units, three are Units of Locality, namely, Pre
cinct, Nation, and Mankind; and of these three, Precinct of
course is the smallest and lowest. To determine the size of the
Locality and the extent of the population of a Precinct, are
problems attempted in a subsequent part of this article. But
an exact definition of a "Precinct" in our theory, cannot be
given intelligibly, without further knowledge of the theory itself.
We will now give ; First : A general view of the Theory
of the Precinct. Second : Some special Arguments for this
Theory. Third : A conclusion pointing towards some partial
Practical applications of the Theory, possible in, (without an
alteration of the Constitution of,) the United States.
CHAP. II. HISTORICAL STATEMENT.
1 . In General History.
The history of states and Nations in a living progression,
constantly tends to meet the changing problems of a larger popu
lation, for the same territory and for the same representation.
And this produces fundamental changes of some of the princi
ples and rights of the governments themselves. And the great
est cause or source of social and political evils, is, adhering to
"worn out" systems, whose utility is more and more passing
away by the merely natural growth of society itself.
HISTORICAL STATEMENT. 127
Non-subdivision for fundamental Units, and especially for
Precincts, seems to us to be the greatest general cause of social
decay.
The decay of Nations in general, it is true, is attributed to
various causes : but writers seem to have passed by with little or
no attention, that great cause which has operated in and over
all the others.
At the spontaneous origin and foundation of government, we
find the separate Localities or Precincts to have great power
within themselves and over their own territories. But in the
course of time, population increases, Precincts which had small
populations come to have large. Thus it follows, that laws
which were suitable for the former, are no longer suitable for
the latter; the country and the government become rife with
cruelty and corruption; new and more stringent laws are added,
in the vain hope of stemming the tide of new evils. Also, old
and bad laws which could not be enforced at all, because of the
sparseness of population and its uncivilized independence, and
whose crudity was balanced by their impracticability, now be
come practicable against honest and orderly citizens, and become
enforced against them ; whilst the dishonest, the disorderly and
those who still continue uncivilized in heart, escape. Thus vice
is rewarded, and honesty and virtue punished ; and thus, classes
of outlaws are fostered and nourished in the midst of civiliza
tion. Then, more laws are tried, and laws are heaped upon
laws; as the Precincts, now called states, become more and more
populous.
The state, in each case at first, is merely a little band of ac
quaintances. But gradually the population increases, the "state"
becomes a great and complex political body; it never subdivides,
but the overgrown and .still growing enormous complexity, and
distant and unfeeling organization, still continues to regard itself
as the fit source of all absolutism, and the fountain of all civil
power. For convenience' sake to be sure, counties and townships
are organized ; but not as subdivisions of the state, or of the
original fountains of right, but only as mere organs of the over
grown state, and dependent upon the absolute will of the great
power, as to every thing IT chooses to exercise that power for.
All the while, the simple common sense expedient is over-
128 BK - IL PRECINCT. I. II.
looked, of merely dividing and subdividing the states, as fast
as necessary to keep pace with the increase in the numbers of,
and also with the increase in the density of, the population.
For, simple increase in density of population, increases the op
portunities both to conceal crimes and to commit them ; and
hence, as the population increases at one rate, the subdivisions
should increase at a greater rate, thus, to counteract the in
creased facilities for evil, made numerous, partly by mere density
and its attendant subdivision of occupation, and partly by mere
numbers ; the necessity caused by competition, of each one's at
tending more and more exclusively to his own business, and con
sequently neglecting public affairs and general culture ; and the
necessarily increasing ignorance as to the character of the indi
viduals, and as to the secret aims and motives of the various
politicians and their parties.
If now, on the other hand, the subdivision into new states
had more than kept pace with the increase of population, and
had also been regulated in proportion to increased density, then
the natural ingenuity of men would have devised practical and
successful methods, ever new, and ever varying, as might be
necessary, to counteract the new and old evils aiming to grow
up or to hide themselves in the new phenomena of progressive
society and advancing civilization.
This subdivision of Precincts (or states) is just as necessary
as the subdivision of Families. Here again the Family is the
type of society. And we notice this to be the case, even in the
peculiar points relating to density and to advanced civilization.
In the early stages of society we find married children remain
ing with their parents, and the Family consisting of two or
more sets of sub-Families, and quite numerous; but as the num
bers and density increase, this complication of the Family be
comes less and less frequent^ but gradually, the formation of
every new Family, or even the attainment to maturity without
marriage, causes men, as they become able, to go out and form
new Families or new social connections of some kind. Thus,
the natural history of the Family, typifies what that of the Pre
cinct ought to be.
2. In United-States-History.
The average population of each of the states, at the time of
HISTORICAL STATEMENT. 129
the American Revolution, was not greater than 250,000. Sev
eral had but 70,000. The present average is over one million
(1,000,000). Some, as New York, Pennsylvania, &c., have
from three to five millions. And the course of things has the
same bad tendency.
The population of an average congressional district is at pres
ent about 150,000, and will increase; because the number of
representatives is limited by the nature of things. Contrast
these numbers with the numbers represented in the early stages
of our Republic, and we find that now, each representative dis
trict contains about ten times the number of persons it then did.
And furthermore, considering affairs within the Precinct, we
remember that some of the little colonies of America, settled by
our forefathers, and consisting of only a few hundreds of in
habitants to each, were carefully and well managed, by the prin
ciple of direct Democracy, and the submission of the laws to the
direct vote of the people, who all resided within convenient dis
tance of each other. Thus our constitutions were made, only
providing for states with populations of an average of only
about 70,000, and they a scattered plain industrious country
people, living close to nature and to social realities, and not used
to " shams." But now the states have become so large that the
citizens cannot possibly have any intimate knowledge of, nor
much feeling of intimacy towards, each other. Yet we ignore
the fundamental changes involved, we give the same rights to
these larger bodies that the smaller originally possessed ; and
this, without the knowledge, the neighborly feeling, the mutual
observations, or the sincere naturalness, inseparable from small
country populations and communities living and working in
close neighborhood.
The states and their constitutions were originally reactions
against civil, feudal, and religious tyranny. And against ab
sentee government, so generally worse than a present govern
ment. The settlements also had a peculiar origin, having been
made chiefly by peculiar classes, viz. : adventurers for gold,
persecuted religious sects, &c.
And subsequently to the revolutionary war, the Constitution
of the United States, was itself an apparently necessary reaction
against entirely indep ende-.it and quarreling states ; not necessa-
9
130 BK > IL PRECINCT. I. II.
rily confederated too little, but without power to administer their
confederation-laws AT ALL. This reaction, like the reactions
of society generally, is an extreme. It has failed in what it
sought, namely, the permanency of Union without internal war.
But, the consolidation or centralization which it shunned, is
coming upon us by the natural growth of so large a body, and
by the necessary circumstances of purchasing new territory, and
maintaining the Union by war, and the extreme reactionaiy
theories consequent thereupon.
The rights of Precincts are inalienable in principle, and un
quenchable in feeling. And the violation thereof is almost sure
sooner or later to bring bloodshed. The real cause of the
American Rebellion, was a neglect of Precinct and corporation
rights by both North and South. The Northern free-men
WOULD go among slaves and preach insubordination ; and the
Southerners demanded to go and to take their slaves with them
any where they pleased. It was not the demand of the South
erners to take their slaves to the new territories, but the claim
to go North to arrest fugitives, and even to take the slaves with
them through and into the free North, that really "fired the
Northern heart."
These views might, at one time, have seemed to imply a vain
claim of every little Precinct to " secede." But now, the con
trary doctrine being settled by war, makes this question less
difficult. The arrangement into small states, such as our theory
proposes, would have prevented any great attempt at secession ;
and the present " United States," if organized into very much
smaller states, would make even the IDEA of " State-Right Se
cession" quite preposterous. And the smaller the Precincts are
made, the more preposterous would be such a claim. But this
subject is considered subsequently in this book.
The real justification for interference by the Nation, with the
affairs of the Slave-Precincts, is that these latter totally ignored
'the rights of the colored race either to Precincts or to Corpora
tions. I mean this would be a justification in time of peace,
RELATIONS TO THE SEVEN ELEMENTS. 131
CHAP. III. RELATIONS TO THE OTHER ELEMENTS OF THE
ANALYTICS.
1. Relations to the Six Units.
We have endeavored in the Summary Introduction, to estab
lish the doctrine that there are six natural Units or measures of
right, or as Mulford might call them " Moral personalities," in
herent in the constitution of society, namely, Individual, Family,
Social Circle, Precinct, Nation and Mankind; and that each
unit is typical of all those above it, and vice-versa. Accordingly
no one unit has any such superior right over the one next below
it, but what that in turn has a similar right over the one below
IT ; and so on. If there are any exceptions to this, they are in
favor of the two extreme units, namely, one, Mankind, as the
whole and absolutely the superior ; the other, the Individual, as
the ultimate social atom not capable of any further social sub
division. Therefore nationality cannot absorb Precinct-rights,
any more than Family can absorb Individual rights, or any one
element absorb the other's rights. It is therefore error, to en
deavor as some do, to take away the natural rights of Precincts
and to enumerate them as if they were mere corporations, and
to single out the Nation as the only unit having real and original
governmental power. Because all Precincts are " free and equal"
in their sphere, as Individuals are so, or, as Nations are.
The sovereignty of a Nation over its Precincts consists, not in
any wizard power or talis manic right of the idea, Nation, but
simply in a VASTLY superior DEGREE of power over the same
locality ; hence, of the same sort of power, and with the same
sort of right, as would be exercised by any very large, say Conti
nental Coalition of Nations. We have had foreshado wings and
intimations of such coalitions in the past history of Europe, but
only intimations. The empire of Russia is also an exhibit of
the principle in a more permanent form. Degree in biology and
in sociology it is true, (as was said in the Introduction), is more
important than kind. But in this case it is also true, that the
KIND of power which Nation exercises over Precinct^is the. same
as Coalition, Confederacy or Empire exercises over Nation.
And the vast difference in the DEGREE of power between the
inferior and the superior, is what constitutes the right in each
case, and therefore Nation cannot plead it, as against Precinct.
132 B . K - II- PRECINCT. I. III.
We may add, that the coalitions and empires above men
tioned, are themselves, to the Nations, foreshadowings and
intimations of the Unit Mankind. And, should the time ever
arrive when Mankind itself would form into a Coalition or
Empire, IT would exercise much more power ovQr those other
Coalitions and Empires, than those Coalitions had exercised
over Nations (for coalitions are not Units), and would exercise
at least AS much power and right over the Nations, as they were
doing over Precincts. Whether such a union of all Mankind
is possible or not, before the coming of that Great Man " who
is Lord of the whole earth," we cannot say, but suppose not.
Yet the reference illustrates the principle.
Again as to the relation of counties and townships to prov
inces, and of provinces to states, and of states to Nations, we
may derive the true light from the basis of our fundamental
analogy, namely, the Family. A single Family occupies a
certain locality, several such Families form a neighborhood,
several neighborhoods a township, and so on, up to the general
Nation.
We cannot find here, any such clumsy arrangement as a prov
ince a State or a Nation, (that is, an institution nearly at the end
or summit of the political scale), being regarded as the foundation
and source of all government rights, and upon which all others
must depend, whether above it or below it. The Family-analogy
carried out, shows us that what are called "state-rights" begin
with the Family, and must gradually lessen with each step as
you go up, till the general government itself is reached. In
other words in general, each neighborhood must have the same
power to freely fulfill its own methods, as a state itself has, so
far as consistent with the rights of other Precincts; and still
more generally we may say, that such are all the rights that any
state has, or any Nation, or even, any World.
It may be observed that largeness of power in Precincts, by
no means involves the theory that they must be regarded as the
superior source or origin of governmental powers. For instance,
the feudal system, in its origin, most clearly and fully was based
upon the theory that all power descended from the supreme or
national government downwards ; and yet, it gave the utmost
amount of liberty to each of its subdivisions of powers ; so that
RELATIONS TO THE SEVEN ELEMENTS. 133
the inferior was only required to make acknowledgments of the
inferiority, and to aid the superior in war. This is analogous to
the Divine Government itself: all power coming down from
God in theory, yet the utmost liberty is given to the Individual
in practice. [Blackstone, B. I. ch. 4.]
But of course, the general or national government is to exercise
the same restraining power over Precincts, that it does over In
dividuals ; that is, power restraining them from trespassing on
the rights or " equal liberty of other" Precincts, or on the rights
of removal of all Individuals who either are or ought to be
citizens of other Precincts.
The Precinct or Neighborhood principle, is the main modern
enlargement of the tribe-idea. And the tribe-idea is originally
the essence of the state. A familiar example is found in the
Scottish Nation, which was composed of many clans, each having
a separate government under its chief, although they were sub
servient to the authority of their king. Tribes then are the
original elements of Nations. And the centralization principle,
carried to the extreme of claiming the Nation to be the source
of civil power, is the result merely of military power and
monarchical marriages. (See Paley's Political Philosophy, Bk.
6, ch. 1.)
Our theory is not at all the theory of the Paris Communists;
for their theory ignores the elementary necessity of the Nation,
and desires to recognize only Precincts confederated throughout
the world, independently and irrespectively of the principle of
nationality. Another point of difference, is, that the Paris Com-
munisjts ignore the elementary character of the Social Circle,
and aim to destroy all such circles. Other points of difference
are, that the Paris Commune ignores the elementary character
and fundamental rights of the Individual and of the Family. It
denies the freedom and rights of Corporation. It also ignores
THE DUTIES of Corporation, and the intimate relations existing
between LARGE cities and their Nation, as pointed out in an
other part of this article on the Precinct : for the totality of a
large city is, in essence, a national corporation, although the
separate Precincts of which a city consists are not so. Further
more, the Paris Commune subverts all the elements of society
except only one, namely, an iron bound, tyrannical and special
134 BK - II- PRECINCT. I. III.
form of the Precinct. Furthermore, that Commune is so utterly
at variance with our whole theory, scientifically, metaphysically,
morally and religiously, as scarcely to be susceptible even of
comparison with it.
Our theory of the relation of Precincts to the Nation, namely,
many centers instead of one, is the same principle applied to
government, which Carey applies so successfully to economy.
Indeed, his system of decentralization of the places of manu
factures and commerce and intellect, would be greatly promoted
by ours, of decentralizing the places of government. Never
theless, the bases of the two theories are different : his basis, is,
upon property and utility ; ours, is, upon personality and human
rights.
2. Excess of centralization.
A work has lately appeared by Mr. E. Mulford, on "The
Nation." Although learned and conceived in an Orthodox
spirit, and having a similarly high moral aim as our work, yet
it seems to ignore the fundamental rights of the Precinct. It
recognizes but one political unit or integer, that of the Nation.
It seems in some places to use the word commonwealth in a
sense approximating that of our word Precinct. It maintains
that the " Nation is the institution of rights/' even including the
right of property therein, (pp. 94 and 95.) This is a fearful
" variation" on Paley's perverted but yet general assertion, that
the foundation of the right of property (at least in land) is "in
the law." It claims a right of the Nation to interfere even
with the Family relation : and yet it says, " the Family exists
in an organic relation to the Nation," (p. 284.) And yet small
as the rights of the Family are admitted to be, it reduces the
rights of the "commonwealth" to an indefinitely lower degree.
Thus it says, " In the processes of society, the Family exists in
an organic, and the commonwealth in a formal relation to the
Nation." And again, in table of contents it says, " the com
monwealth is the civil corporation." And again (p. 307) it
says, " the commonwealth is a formal organization."
We answer, that Mr. Mulford continually through the work,
confuses the idea of government, with that particular part or
organ of government called the Nation, and claims for IT all the
blessings and benefits that are usually claimed for any depart-
RELATIONS TO THE SEVEN ELEMENTS. 135
ment of government. Our whole work and general theory are
so very different from his, that we cannot even contrast one with
the other in any better way than by saying, that ours is founded
on six foundations, and his on only one. We could easily prove
that all he says of the substance of the Nation, is equally true
of the substance of the Precinct, in its due proportion. (See his
first chapter.) We argue that the Precinct also " is founded in
the nature of man, is a relationship, is a continuity, is an or
ganism, is a conscious organism, is a moral organism, is a moral
personality :" and all quite as truly so, as the Nation.
Mr. Mulford's theory in another part- is, that the distinction
between the rights of a commonwealth (or Precin -^ and those
of the Nation, consists in this, that the Nation has the political,
and the commonwealth the civil rights. But what is the guar
antee of civil rights, when political rights are denied? This
question may be asked, as well where the rights of Precincts are
ignored, as where those of individuals are so. And the pre
tence that civil rights are sufficient without political rights to
guarantee them, belongs to a past age. Accordingly, all the
military rights of the Precinct, except as police, are ignored
by him : thus (p. 299) he says, " When the governor is repre
sented as the ( commander-in-chief of the army and navy of the
commonwealth/ the office is not further defined." * * * The
title he says " is a name for which there is no reality, and except
for lawyers it leads beyond all soundings." * * * " And the
governor in this character, on the streams to which he may be
confined, is like Wordsworth's fisherman, ( tricked out in proud
disguise' " (!)
But then again, this distinction between (t political" and
"civil," is insufficient, even according to Mr. Mulford. And
not only does the Nation- possess concurrent civil powers, but
also superior ones ; and this he argues, even to the extent of
interfering with the Family, which even he admits to be a sep
arate integer (or unit) of society. Accordingly (pp. 297, 298)
he says : " The administration in divorce * * * passes consist
ently to the commonwealth, but the Nation has an immediate
obligation in the maintenance of the Family, * * * and if it fails
to attain this, in its action through the commonwealth, it is im
perative that it shall assume its immediate authority." Again,
136 BK - IL PRECINCT. I. III.
in regard to education in the public schools, he says, " while the
administration of a system of education may be referred to the
commonwealth, its institution is of national importance, and
also of national obligation ; and in the defect of the common
wealth, its authorization should proceed from the Nation/ 7
In another place (p. 315), Mulford draws the distinction be
tween "State" and "Nation" to be between "civil" and "moral' 7 ;
making the Nation the moral organism. (! suppose he means,
moral unit.) According to this theory, the Nation is both the
political and moral unit of supremacy. But as a whole, Mr.
Mulford's theory is all -summed up in the distinction of a " cen
tral government and a local administration ;" but yet he refuses
to accept that as the statement of his theory, and he devotes one
page (viz. 317), to arguing against a theory that underlies and is
the foundation of his whole book ; for there are but three other
possible theories of state-rights, as he says, (p. 309,) and he ob
jects to them all ; and endeavors to avoid the difficulty by saying
(p. 309) that " the relation (between State and Nation) is funda
mental that it is a necessary conception," but that "only in
their substance" this relation is realized ; and charging that
these other theories' comprise mainly the phases which the
subject has assumed in "abstract speculations and legal pre
sumptions." This is as if the discussion of an abstract prin
ciple was adjourned in the supreme court, and transferred to the
patent office to find a model ! For it is with " abstract specula
tions/ 7 that we are dealing : and the charge of " legal presump
tion 77 belongs to the other side.
" We agree that the relation is fundamental, 77 and that " this
relation is realized only in their necessary conception. 77 But
the question is, which relation is fundamental, and what is the
necessary conception of it? A re-perusal of his preface, more
especially of pp. V and vi, seems to show that much of his dif
ficulty arises from confusing the laws of social science which
treat of its progress as a science, with th^ laws which treat of
the progress of society itself. We have endeavored to point
out the distinction between these things, in our Introduction
even from its very beginning. But we also feel that he is
systematically and upon principle, partial to the claims of
nationality; ! ecause, when giving the rights of a Nation, he
ABSTRACT AND DIRECT STATEMENT. 137
claims for it a right to acquire foreign territory without paying
much attention to the wishes of the territory to be acquired, but
in giving the rights of a State he does claim for it a right not
to be alienated or transferred. And what else does this mean,
but that we have a right to acquire peaceably a state from Great
Britain, Spain, Germany, &c. ; but that they have not a right to
acquire a state from us ? And what is this but the old egotistic
Americanism, that said, foreigners had a right to be naturalized
into the United States, yet that a citizen of the United States
could not be naturalized into any other Nation ? But later de
cisions of our Supreme Court have reversed this old egotism, as
to the Individual ; and Social Science is reversing this theory as
to States. The same unwritten constitution which allowed us to
acquire Louisiana and Florida, without even precedent, would
also allow us, if great necessity arose and the consent of a state
were given, to transfer it to some other Nation, or to give it total
separation. But of course, the expediency is -quite another ques
tion. Nor would our principles apply to the alienation of any state
except what was on the borders, as Louisiana and Florida were.
This much, however, we grant to Mr. Mulford's claims for
the Nation. If a Precinct neglects its duties of education, or
morality, the Nation has a right to use reasonable MORAL means,
instruction, persuasion, &c., to produce improvement therein.
And furthermore, the Nation has a right to enforce, that no
Individual or Family or Social Circle shall be forcibly and
unjustly deprived of its rights by a Precinct. Yet still these
rights may sometimes be nothing more than a right to compen
sated emigration.
Furthermore we admit, that after Precincts were restored to
their natural rights, as fundamental Units; then much of what
Mr. Mulford says of "commonwealths" would be true. For
then commonwealths would be, what LARGE cities also ought to
be regarded, namely, organs of the Nation: but their parts,
absolutely as Precincts.
CHAP. IV. ABSTRACT AXD DIRECT STATEMENT.
1. In General. ,
Our theory may be stated in its most general expression, thus :
Every Locality should be independent of surrounding Locali-
138 BK - n. PRECINCT. I. IV.
ties, except in tilings which are incompatible with the rights of
other Localities, or of Individuals, or with the general progress
of the whole.
The idea may be presented in another way, and one that
accords with the common politics of the day, as if foreshadowing
a true Precinct self-government. One man advocates, allowing
each township to decide for itself, its method of voting, another,
its police organization, another, its question of liquor, another,
of dogs, another, of sheep, another, of flowers or grain, another,
of tobacco, another, of Sunday, another, of church, another, of
school, another, of woman suffrage, another, of marriage or
divorce, another, of customs of dress and equipage, and so on.
Now our theory is, to arrange to let each Precinct judge all these
questions together, for itself. And this would merely be a prac
tical acknowledgment of the freedom and rights of the Precinct.
2. Adaptations.
Our theory of Social Science reconciles into one, the two prin
cipal contending theories. That theory like Spencer's which
reduces the powers of government to a minimum, we apply to the
supreme government of the whole Nation ; or the highest gen
eralization and largest organization of the people. Whilst the
other theory, which like that of Comte and many other French
men, gives to government the maximum amount and diversity
of powers, we apply only to the very smallest local or Precinct
organization, whose powers- are somewhat analogous to those of
our individual states in the United States.
And now in order to secure individual liberty as far as pos
sible, these Precincts are not only to be made as small as possible,
but provision is to be fully made by the general government, for
the free safe and practicable removal of every citizen, with the
proceeds of his property, except in case of crime as set forth by
said general government or at least within limits allowed by it.
In order to accomplish this result, it would seem necessary to
commit to the courts of the general government in each Pre
cinct, a concurrent power of Habeas Corpus, and of the sale of
property for persons ordered to emigrate, or who perhaps were
merely desirous to depart voluntarily. Or else peculiar courts
might be organized, composed of one-half Precinct-judges and
powers, and one-half general-government-judges and powers;
ABSTRACT AND DIRECT STATEMENT. 139
with the provision that in case of disagreement, the party should
have right to sell and leave, under the general government's
authority.
This arrangement allows every sort of persons to find the?r
like, and to reside together and carry on their government on
plans that would very nearly enable them to be unanimous, and
in Precincts so small as would make it easy for persons to travel
from one to another. It is obvious however, that under this
arrangement, the banished party should come under heavy pen
alties for re-entering his former Precinct without permission ;
and extra care should be taken to prevent this result.
It is easy to see the logical and philosophical relation here, of
general-government-authority, to the special Precinct-authority;
because the words government and Precinct might be omitted,
and we could treat of the subject by simply saying general au
thority and special authority, and consistently give the general
powers and those for direct general influence, to the general au
thority ; and the special power or power for special local pur
poses, to the special or limited authority. Thus the mere state
ment of the thing, seems a good argument for it.
3. Resemblance to international relations.
The minutiae of rules and regulations for inter-Precinct af
fairs, would be the same in substance, as those for international
affairs, excepting of course, variations occasioned by the differ
ences that necessarily exist between Precinct and Nation. And
these minutiae would arise in nearly the same manner as inter
national law : accordingly the reader is referred to that subject and
to NATION, for a consideration of them. The true system of re
ciprocal law for Precincts (when exhibited) will be very nearly
the true system of international law, when once that system has
attained any thing near perfection; ignoring of course the in
admissible pretensions of secession. In fact, the best proof of
the perfect arrangement and analysis of international law, will
be its applicability nearly all through, to the Precinct, and its
allowing both subjects to be treated together, pointing out their
general sameness, and their occasional differences.
A prominent feature of the theory is or should be, that Pre
cincts should be allowed to form new confederations among
themselves, under certain restrictions. The progress of society
140 BK - IL PRECINCT. I. V.
demands, that all circles or Precincts or associations of men, who
are desirous or willing to do better to one another than human
nature at large will as yet justify, must necessarily enter into
mutual arrangements. This is the basis of all our great national
and international beneficial orders, such as Odd Fellows, Ma
sons, &c. Of course, nothing secret is meant or implied, in the
Precinct-organization. This way of doing more justly and truly
to one another, can only become general, by first exhibiting its
superiority, by being adopted on the condition that each shall do
so to the other. Therefore the preventing of such combinations
in small Precincts, is absolutely preventing the progress of so
ciety in its best moral features.
In forming these leagues, no restriction is mentioned that
they must be adjoining, nor need they be, because their small-
ness is the protection against rebellion. A limit might be placed
to the number that should enter into any one league, so long as
any danger was apprehended from such a source.
CHAP. V. THEORY OF AMALGAMS.
1 . Description of Amalgams.
By an Amalgam we mean a small Precinct with fundamental
natural powers ; but yet so leagued with each of its IMMEDIATELY
contiguous Precincts that its power is partly limited by them,
and on the mutual condition that each of the other Precincts is
limited by the same PRINCIPLE, but of course not limited by
exactly the same identical Precincts, for that would be geograph
ically impossible with the principle. As the idea appears to be
original with us, we will try to make it plain.
The legislature and government of each Precinct, (which we
might call its Amalgam-Directors,) might consist of one or two
or four or of some even number of persons, chosen by each adjoin
ing Precinct, together with a number chosen by the Precinct
itself, equal to the total of those chosen by all the adjoining
Precincts. Thus for instance, if a Precinct were surrounded by
and contiguous to, say four adjoining Precincts, which is about as
small a number as is usually probable; and if each such Precinct
furnished two directors, that would be eight, and the Precinct
itself should appoint the other eight, and thus the smallest common
Board of Amalgam-Directors for any Precinct would be sixteen.
THEORY OF AMALGAMS. 141
Almost the only cases in which the number of Precincts in
any one Amalgam, would be less than four, would be the cases
of Precincts on the frontiers of any Nation. In these cases,
each given Precinct would have at least one sjde, namely the for
eign side, which would not be adjoined by another Precinct of
the same Nation. In such cases, the wisdom of a national gov
ernment would be to plan the division, of the Precincts on the
frontiers, with special reference to this difficulty, so that no Pre
cinct need ever have less than three others, and seldom less than
four others adjoining it. On the frontiers the Nation should
appoint a share of the Amalgam-Directors.
A regular rectangular division into Precincts, similar to the
plan of government surveys of public lands, would make every
internal Precinct to be surrounded by eight others, and then the
minimum of Amalgam-Directors would be sixteen: or if two
from each, then thirty-two.
The special reason for an even number from each Precinct is,
that thereby some balance of power might exist, say one half of
each may be elected by the elder persons and the other half by
younger persons ; or any other balance that might be proper.
The number might be increased to four, and then a possibility
would arise of having majority votes of each Precinct, if that
be considered any advantage, although it is not so considered by
the writer.
The total Directors elected by the Precinct itself, should be so
arranged, that each (say) two of them, together with the corre
sponding two from the any one of the other specified Precincts
in regard to and with which there was any particular matter,
should be a joint committee to superintend and arrange all minor
difficulties, intercourse and joint operations, exclusively concern
ing and between their own two specified Precincts themselves ;
subject of course, in important cases, to the confirmation or re
fusal of their proceedings by the Amalgam-Directors of either
or both the Precincts concerned, and to other legal action.
2. Argument for Amalgams.
The description already given seems to contain a pretty good
argument of itself. The spirit to " do unto others as you would
that they should do unto you," must have its governmental form.
Leagues of an original and peculiar kind between ADJOINING
142 BK - IL PRECINCT. I. VI.
Precincts, are absolutely necessary. Every Precinct, as it if-
LOCALLY the centre of a neighborhood of Precincts, and also
is a part of the neighborhood of every contiguous Precinct, so
it should be made LEGALLY such. In other words, every Pre
cinct should be the centre of a small Amalgam, or small council
of amalgamated political and civil authority, exercising propor
tions of the. power of all the Precincts in the Amalgam, but yet
exercising that power on only the central one of each Amalgam.
The Amalgam, in the first place, is necessary for the sake of
police uses chiefly, and to prevent offenders from escaping with
impunity into adjoining Precincts before a proper police can be
called. But there are also other advantages. The Amalgam
would also prevent any one Precinct from deviating too widely
or too suddenly from its immediate neighbors ; such overwide
deviations shocking the consciences of neighbors, or producing
riots or other great evils.
Society is not a manufacture nor a building, but a growth and
a life. Hence the old method of counties subdivided into in
dependent Precincts, which make a merely mechanical structure,
can never be a proper or perfect form for life-processes. What
we propose here, is strictly analogous to the interchange of pro
cesses of living bodies. This organization is entirely different
from the common one, whether of States or Nations, and is per
fectly analogous to the life of Individuals and also of Families.
Each one is the centre of one life, and at the same time, is an
adjunct in the periphery of every contiguous one. But yet, the
Amalgam is not itself a Fundamental Unit of society. But the
Precinct is that Unit. Nor is this theory of Amalgams any es
sential part of our general Theory of the Precinct ; but is only
one of its higher susceptibilities, and one which would be likely
to develop out of necessary inter-Precinct police organizations.
CHAP. VI. COMPARISON WITH STATES UNDER THE CONSTI
TUTION OF THE UNITED STATES.
1 . The most obvious points.
(a) In general The comparison of the Precinct-system here
proposed, with the present states under the U. S., may be
summed up by saying, that some of the powers of each indi
vidual state (i.e., small Precinct,) would be assigned to the Pre-
CONSTITUTION OF THE UNITED STATES. 143
cinct, or to the Amalgam with its surrounding Precincts ; and
some of these powers would be assigned to the Nation : whilst
on the other hand, some of the powers of the Nation would be
assigned to the individual Precinct, or to its Amalgam with its
surrounding Precincts.
No Precinct would be in amalgam or league with only one set
of Precincts ; because every one of them would form a part of
as many different Amalgams, as it touched Precincts which sur
rounded it, plus one more necessary Amalgam, namely, the one
of which the Precinct was itself the centre ; and perhaps, plus
such additional leagues, as under the national permission, it
might form voluntarily with Precincts not touching it: but this
latter is much less natural than the other.
In this comparison with the States of our Union, we may say
in general, the difference between the system of Precincts, and
that of the States in the Union, consists in the vastness of their
number, smallness of their size, arid the consequent facility of
individual removal, secured by the national guarantees, com
manding that Individuals should be compensated by the Pre
cincts ordering removals. By these differences, free choices are
secured for all, a new element of government is introduced, new
organs created, new functions performed, and harmony and
peace secured in the consciousness of personality in every Indi
vidual, joined with mutual respect for the personality of all
other persons.
Every Precinct or small neighborhood, possesses by nature,
and should have granted to it by law, the same rights for the
most part, that the constitution of the United States grants to
its States severally. But the very diminished size of our pro
posed states, makes necessary a number of alterations or excep
tions from the state-rights granted under the constitution ; and
some of these alterations are diminutions of local power, and
some are increases thereof; in other words, some " state-rights"
should be allotted to the Nation and others to the Precincts.
We may illustrate our general theory, by pointing out in detail,
a few of these differences from the present government of the
United States, upon the following named subjects.
(b) Inter-Precinct affairs. The first class of differences con
sists of inter-Precinct relations. The first difference, however,
144 BK - n. PRECINCT, i. vi.
might become very radical in nature. We do not regard any
one Locality as being independent of the Localities which im
mediately adjoin it. The Precinct itself can only have a legiti
mate government, by admitting more or less political power to
be exercised within it, by its immediately adjoining Precincts;
and it in turn exercising a reciprocal power on each of them in
Amalgams such as we have described above.
The exact amount or proportion of this kind of inter-Precinct
power, is not easy to determine, previously to experiment, unless
by instinct. To us it appears that each Precinct should have an
exactly EQUAL amount of political power to that of the SUM of
the powers of all its immediately adjoining and contiguous Pre
cincts. But to carry out this idea rigidly, according to the argu
ments we shall hereafter pursue, would make it necessary to have
each Amalgam or congeries of Precincts, as small as we there
advocate for the single Precincts ; and would indeed make the
single Precinct so small, as to make the theory at present appear
visionary.
For the " present distress" therefore, we need only advocate
a congeries of police arrangements for Precincts. The police
of each Precinct should be allowed to enter its adjoining Pre
cincts when in pursuit of offenders immediately after the offence.
Or still better, a consolidated police should be chosen for each
Precinct, by an authority consisting, one-half of delegates from
the immediately adjoining Precincts, and one-half by the Pre
cinct itself in which they are to act more immediately, with the
privilege of extending th,eir pursuits of criminals freely into the
immediately adjoining Precincts. Some clauses of the constitution
of the United States, have only a formal but not a spiritual
opposition to our theory; that is to say, their objects are good,
but their methods are incompatible with our proposed theory.
For instance, "No state shall enter into any treaty, alliance or
confederation. And no state shall, without the consent of Con
gress, enter into any agreement or compact with another state,"
&c. Incompatible : Because, no great moral improvements can
be made, either by Nations, Precincts or Individuals, only so
far as they are allowed and encouraged, to treat their friends or
those who do well, better than they treat those who are not
their friends or who do not well ; and only as they are allowed
CONSTITUTION OF THE UNITED STATES. 145
thus to treat one another better, on the condition of mutuality
or special reciprocity.
That part of the constitution of the United States, which in
spirit is most at variance with our proposed radical theory, is its
Article IV., especially the following extracts, 1 : " Full faith
and credit shall be given in each state, to the public acts" &c.,
" of every other state." But under our theory, Precincts, like
Individuals, would need to prove their credibility, to the satis
faction of other Precincts. And 2 : " Citizens of each state
shall be entitled to all the privileges and immunities of citizens
of the several states." But under our theory nothing of the kind
would be possible long. For every Precinct would establish
its own conditions for citizenship within itself. And 3 : " No
new state shall be formed within the jurisdiction of any other
state, * * * without the consent * * * of the Congress." But
under our theory, Precincts must ever continue to subdivide,
with the increase of population. Yet still, the consent of the
congress is so far necessary, that it should provide the GENERAL
laws and forms of proceeding for such subdivisions. Immi
grants and sojourners should be judged by the Precincts into
which they voluntarily come. Fugitives should be judged, not
by the Precinct whence they escape, but by the Nation. The
return of fugitives by force, except for causes approved by the
Nation, is absurd: but by treaty with adjoining Precincts, is
reasonable.
In order that each Precinct might have a reasonable oppor
tunity to know that the inter- precinct regulations were carried
out fairly, and to assist therein ; each should allow one Precinct-
consular-agent from each of the immediately adjoining Precincts,
to reside therein, at his own convenience, who should have all
the immunities of person and Family that foreign consuls have.
And the same privilege would have to be granted, of course, to
a reasonable number of the agents of the general government.
Disputes between residents of diiferent Precincts should be
settled by parties selected from both, and should be decided
according to the principles of arbitration. All disputes wherein
a Precinct was interested, should be settled by principles and
laws more general than those within the Precinct itself, yet still,
according to the principles of arbitration ; whether the contend-
10
146 BK - IL PRECINCT. I. vi.
ing party were another Precinct, or whether it were the Nation
itself; provided, that constitutional questions, in cases wherein
the Nation is a party, should of course be determined by the
courts of the Nation itself. Furthermore, all cases of dispute,
as to whether any matter belongs to the Nation or not, should
be carried by appeal to the national courts.
There should be provided by the Nation, general laws for
the declaration of national roads, &c., for the charter of new
roads running through, say three or more Precincts ; but the
details should be executed by the Precincts themselves through
which they are to pass. But roads between only two Precincts
could safely be left to the discretion of the Precincts concerned.
Rivers and water courses, would come under the law of roads.
All regulations of travel on roads declared national, should
be retained by the Nation, or assigned to the Nation. But not
so as to give any traveler a right to halt in objectionable places
times or manners, nor remain long nor depart far from the road
itself, without the consent of the Precinct. New roads not
declared national, entering more than three Precincts; and
changes of the location of such, should require the consent of say
three-fourths of the Precincts through which the road or changed
location is to be made.
(c) Affairs within the Precinct itself. The other class of dif
ferences that would have to be pointed out, in this comparison
with the constitution of the United States, relates to matters
\vithiii the Precinct itself.
Any Precinct should be allowed to establish for itself, as its
own legal tender, a solvent paper-currency representing fairly
any specified commodity or commodities of general use in the
United States ; provided that no refusal to liquidate, according
to the actual promises, should be allowed.
The Nation should not assume to pass any bankrupt, or any
other law releasing debtors, or otherwise interfering in such
matters, except to secure the right of change of domicile.
No Precinct should be allowed to make any general assign
ment or forfeiture of private property to the public, under less
than 50 or 100 years' notice, without compensation. This rule
is needed to prevent agrarian outrages. And on the other hand,
to prevent speculators from procuring such agrarian legislation
CONSTITUTION OF THE UNITED STATES. 147
and notices, merely that they might lay up property; and then
after a ^ime, get the notices repealed.
The right of Individuals to remove from a Precinct with the
proceeds of their property, and the right to a free sale or trans
fer of such property to the highest bidder in or out of such
Precinct, should be guaranteed, except for crimes recognized by
the Nation or by the genuine principles of morality. And then
the penalties should not, excepting banishment, be in excess of
those allowed by the Nation from time to time, for offences of a
similar degree of criminality.
There is one foundation for certain special Precincts, namely,
a peace-foundation, which would require some further special
enactments and principles; and which no doubt would be
granted to them by the national government, namely, Pre
cincts established on a peace-basis, should not be required to
violate that basis by draft or otherwise ; and on the other hand,
the voluntary formation and existence of such Precincts, would
much facilitate the administration of the rules of war, in the
other Precincts generally. Indeed, so clear are the rights and
so important the uses of Peace-Precincts, that even before the
institution of any GENERAL system of Precincts, these rights
should be granted by easy charter from congress, or by general
laws.
(d) Temporary restrictions of the Precinct-powers, would be
necessary, for such a length of time as would preserve rights and
secure safety under state-authority, until the plan could be safely
and fully instituted, and the necessary changes and removals
could be made. But to make the matter more plain, we will
give a few details of those exceptions and reservations.
States could pass laws for intercourse with contiguous states,
and relating to contiguous operations ; but only to go into force
at a certain future time, and on condition of the contiguous states
adopting similar laws previous to that time.
No person at any time, should be punished for offences against
religion, in the exercise of freedom of conscience, by any other
punishment than by requisition to remove from the district after
12 months' notice. But in the beginning, this class of permitted
orders of removal, should be suspended for 5 or 6 years after
the adoption of the general plan, to allow plenty of time for the
148 BK - H- PRECINCT. I. VI.
settlement of present interests, and vested rights, and for due
deliberation. And all persons removing by order, at any time,
should be paid a sum sufficient to enable them and their fami
lies, if any, to travel to the nearest Precincts or neighborhoods
where they would be allowed to remain, so far as a knowledge
of their character possessed at that time, would render their
stay admissible. Rates of compensation should be fixed by the
national government ; unless otherwise agreed between the par
ticular Precincts respectively concerned in each kind of removal,
namely, the one forsaken and the one adopted.
Also some special provisions of a greater length of notice, (say
21 years) would be required for the affairs and the government
of minors, and for fiduciary property; or such property might
be sold according to existing state or national laws, if any, and
be held by Trust Companies accordingly.
To prevent injustice in the beginning, the Nation's Criminal
Law and perhaps also its whole Civil Law, should be carefully
improved, not by tricky "digests," but by all known necessary
statutes : And then by a clause, that it should remain unal
tered for say JO years. This would allow political and social
dissenters, time to sell out and remove. -
It might also make the transition seem safer and more satis
factory to some persons, if, for the few years during the transi
tions, the privilege of appeal to the Supreme Court of the Na
tion were allowed and reserved for all important cases. But the
suggestion is only to satisfy the timid, and to be temporary in
its nature, for obviously, the permanent existence of such a rule
of appeal, would become, or at any rate, might easily become
tantamount to the entire nullification of all the essential rights
and benefits of the plan itself.
2. Points of the comparison needing further illustration.
(a) Commerce and the Legal Tender. In comparing the pro
posed Precinct-system with the constitution and system of the
United States, there are several points which seem to need
further elucidation than what could be given to them in the
foregoing general views. Let us now proceed with them.
It may be doubted whether the legal tender ought to be en
trusted to the Precinct. Now we admit that while law, whether
of Precinct or Nation, may for extraordinary reasons, extend the
CONSTITUTION OF THE UNITED STATES.
time of fulfillment of contracts reasonably, or even depreciate,
the common old currencies, by altering the legal tender, yet
when the emergency is past, the old tender should be promptly
restored : But that has hardly ever been done. We may also
admit, that changes of so great a nature may arise, that a per
manent alteration of the legal tender may become necessary.
But obviously no such alteration should be made, otherwise than
by alteration of the constitution itself. But experience proves,
as we show under Property, that the question of changes in the
legal tender, cannot safely be entrusted to national governments,
because their control is too absolute, and competition too entirely
slow in its effects thereupon. And all the serious troubles that
have arisen from LOCAL currencies have arisen from their being
irredeemable. Hence, all that the Nation ought to prescribe on
the subject of the currency, is, that all promises of currency
should be redeemable in the legal tender promised, with only
such extensions of time as were duly provided for by law :
otherwise, should be payable, one half in the currency of, ami
under the regulations of, the promisor; and the other half in
that of the promisee, or of the Preciacts of residence thereof.
But the Nation has a right to see that no Precinct shall have
one legal tender for its resident debtors, but a different one for
its resident creditors ; nor that any other differences should be
made except those which pertained strictly to Locality, such as,
to the nearness of and known reliability of guarantors, when
guarantors were necessary, in extensions of time.
On the other hand, to the Nation, legitimately belong, the
regulation of the subjects of WHOLESALE Commerce, domestic
and foreign, and even the regulation of intercourse between
Precincts so far as they had not entered into special agreements
of their own. All the other matters must come under a merely
general supervision of the Nation, so far as to see that neither
Individuals nor Precincts, were brought under the application
of laws to which they had not first actually knowingly and freely
consented. Furthermore, these rights may safely be given to
Precincts, because the right is guaranteed, of removal to such
other Precincts as will receive the Individuals in question.
6) Divorce. The most difficult cases to understand the pre
cise effects of our theory in, are divorces, especially when there
150 BK - II- PRECINCT. I. VI.
are children. We may explain this difficulty thus : It is a part
of <our theory. (1) That no Precinct should receive immigrant
strangers, without evidence of the legitimacy of the immigration,
satisfactory to its government. (2) If persons removed to other
Precincts merely in order to get a divorce, and then to return to
their original Precinct or some other, they, by this right of Pre
cinct to examine character, would be excluded from all Precincts
which disapproved of their course. (3) Few Precincts would be
silly enough to allow divorce to new comers, especially where
there were children to be supported, because such children would
come upon the Precinct for support. (4) It is no part of our
theory, to prevent persons who deliberately intend to try any
social experiments, from assembling in Precincts by themselves,
and reaping the full effects of their experiments, whether they
be good or whether they be evil. But the Nation has the right
to compel the support of the children &c. (5) It is a part of
our theory, that the question of marriage and divorce is of too
private a nature for the law to judge understandingly, especially
without the concurrence of the Social Circle, and the moral and
f religious organizations. (6) That whether divorced or single, all
women are entitled to speciai assistance from government, and
especially divorced women; and that the better class of Pre
cincts, would voluntarily, and the others should be obliged to,
provide for this right; and those Precincts which did not so
provide, would not be very inviting to the women. (7) That
the rights of Precincts we are advocating, are rights over their
own citizens, not rights of contracts in which one party is a
citizen and the other not.
Still, we must admit, that length of residence, in order to
have full rights, must have some reasonable limit. But even
this is more safely left to competition among the Precincts, than
to the monopoly ora distant central power, whose policy would
continually fluctuate, with its probable influence on great totals
of voters, and the probable need of such influence. Further
more, the unlimited gift of such power to the Nation, might
easily result in breaking up nearly all the advantages of the
Precinct theory. But, for the further discussion of the princi
ples of the Family, the reader is referred especially to that
Element, and also to some parts of the discussion on Property.
CONSTITUTION OF THE UNITED STATES. . 151
Here we observe this much however. The states which have
led in hasty divorces, have been chiefly the new sta,tes with very
sparse populations. The foundation-fault therefore has been,
that same that we have to encounter every where in our national
history ar,d politics, namely, the over hasty partitioning out of
our new lands so much sooner than the wants of Mankind, or
of civilization or morality, either required or permitted.
The new system would require power to enforce the Precinct-
principle, in cases of desertion of marital or family obligations.
The right of free migration should be restricted then, if it
could be, when the Precinct itself should render some aid to
deserted women, and efficient aid to deserted children. The
women, to be sure, should have the same chance to follow after
their deserting husbands, that they now have under the ordi
nary constitutions. But whether they should be allowed to take
away young and helpless children, into all sorts of risks and
dangers, is another question. If a Precinct fulfills its duties to
its women and children, it naturally has the right of guardian
ship over deserted children, until they attain to full age. Our
theory is, that it is the duty of governments to care for the chil
dren, and even to aid the women. But the causes of divorce
are sometimes very private and very sacred. Nor can any civil
government judge of such questions. But still, every Precinct
should be allowed to try its own plan, under the national rules.
And the Precinct's license of divorce, would and must be made
to be held in balance by its duties to aid and protect the deserted
women and children, which should be made obligatory, at least,
as the condition of Precinct-divorces.
It is almost certain, that the rule would soon become general
among the Precincts, to require of immigrants, certificates or
other evidences of good character, coming from other Precincts,
at least those within the Nation. And these certificates would
vary according to the nature and predominant ideas of the Pre
cinct into which the immigrant would remove. Moral Precincts
would require moral certificates; Hygienic Precincts, hygienic
certificates ; Secular Precincts, secular certificates ; and so on.
But probably most of them would soon require duly attested
certificates of faithful performance of Family-obligations. Some
would require such, for the sake of principle ; and some for the
152 BK - IL PRECINCT. I. VI.
sake of preservation from a rush of social parasites, unwilling
to maintain their own Families or be responsible for their own
doings.
(c) Punishment of crime. Precincts must be required to hold
their own criminals in duress, or else transfer them to a superior
authority. The principle should be established, that although
no Precinct should be required by superior government, to punish
criminals beyond its own idea of justice and expediency, yet
neither should any Precinct be allowed ever to avowedly permit
great criminals, or even any habitual criminals, to emigrate to
other Precincts. And this latter can only be avoided in some
cases, by the Precinct passing all such criminals regularly over
to some more general authority. Hence, the Precinct should
not banish for any real or enormous crime, thus turning crimi
nals loose on* other Precincts. And in the case of certain speci
fied crimes, should not even allow the criminal to go at liberty.
But if the Precinct does not approve of punishing him by hold
ing him in duress securely enough or long enough, it must then
pass him over to the more general authority, the Nation. Pre
cincts, even as Nations, should be held accountable, if they per
mit their inhabitants to "raid" against adjoining or neighboring
ones, or against any others.
The foregoing principles, would make necessary an exact re
versal of the rule of the Constitution of the United States (Art.
4, Sect. 2) in regard to the restoration of fugitive criminals, and
the usual jurisdiction only by the Locality of the offence. Every
government, Precinct or other, has the natural right to punish
its immigrant criminals, even for crimes committed elsewhere;
and that was often the rule in ages of simplicity and nature.
Precincts like Nations, would require to make their own special
treaties, in order to place themselves under a different order.
(d) Division of Precincts. The just principle is that each Pre
cinct should be allowed to divide at will, whenever, BUT NOT
BEFORE, it had a population sufficient to make two or more Pre
cincts, each having an AVERAGE of population of the rest of the
Precincts of the Nation. This rule should apply even more
strictly to the admission of new " states" or the transformation
of mere rural territories into states, than to the division of al-
re:Uy existing ones ; because the Nation evidently has more
CONSTITUTION OF THE UNITED STATES. 153
right over and more claims upon a state which and WHEN it
makes, than upon one already existing. And while two senators
are admitted from each state, the state itself should be divided
into two separate senatorial districts, arranged expressly with a
view to the probable subsequent division, and modified from
time to time, to suit the changing probabilities of the expected
lines of division.
Most of our states that have been admitted, since the first
ones, have had less than 100,000 inhabitants, at the time of their
acknowledgment as states. And the average of most of them is
50,000. But several that have lately been admitted as states,
have had only about 10,000 (!) But in the census of 1870 New
York has 4,382,000; Pennsylvania, 3,522,000; Ohio, 2,666,000;
Illinois, 2,540,000 ; and so on (!)
The seven states which inaugurated the great rebellion, had
at the time only 82 J per cent, of an average state-population ;
and only 51 per cent, of an average state- voting-population.
And the thirteen which finally composed the rebellious confed
eracy, contained but 92 per cent, of an average state-population,
and only 66 per cent, of an average of the voters. Thus the
statistics warn us of the danger of giving so much preference
to square miles rather than to population, in admitting new
" states" to the Union. Furthermore, the late financial panic
helps prove the same conclusion ; for that panic was brought on
chiefly by the over haste and consequent rottenness of the west
ern Rail Road building. And if there is any one thing cor
rupting the Congress of the United States more than any thing
else, it is this preponderance given to Locality, and its connected
speculation for " grabbing up" the new lands.
(e) Rebellion of Precincts. One of the principal defects in the
constitution of the United States, is the omission to provide ex
pressly for the contingency of rebellion by states. But our com
parison shall be very explicit on this subject. Rebellion by a
state or Precinct, forfeits the political rights of that state or Pre
cinct, as such. And the more united the Precinct had been, in
its rebellion, the more just would this punishment be. Let us
illustrate this.
Nothing is clearer, than that the whole subject of the internal
government of each of the states is, by the constitution, left to
154 Bit. II. PRECINCT. I. VI.
the government of the state itself. IF then, when a state re
belled, it REALLY continued to be a state, it is evident that the
general government would have no authority to administer the
affairs of the Nation, so far as they involved that state, even
during its rebellion, nor to settle its affairs any time afterwards,
even after complete conquest. Such a conclusion would place
the Nation at the mercy of a few states, and would be absurd.
What part of the secession argument, then, it may be asked, is
false ? Why, that which assumes that a state continues to be a
state after it rebels. The fact of rebellion by a state as such,
that is, by the state government as authorized and upheld by
the regular majority of the voting people of that state, that
fact per se, annuls the political rights of the state as a state, and
remands it to the condition of a "territory" or "district." Just
as certainly as the fact of an Individual's rebelling, naturally
takes away his political rights, just so, the fact of a state rebelling
by full authority of its political rulers and voters, takes away
the political rights of that organization of voters, and of that
moral charter or state sovereignty which it possessed. Unless
this were so, you would establish as a principle, that a rebellious
state, after being badly beaten, had nothing to do but to disarm
its fighters, and return to the halls of congress to obstruct legis
lation, withhold pay of the war debt, withhold pensions for the
killed and wounded, and throw all its influence to injure the
general . country and provoke wars with other countries ; and
then rebel again.
If a state does not forfeit its rights as a state by rebellion,
then the general government must have disbanded its armies at
once, after the fall of Richmond, and allowed the Southern
rebels to resume their seats in congress, vote for ALL their
Blacks, instead of for the f of them, which was all they were
allowed to vote for before the war. This is just the kind of
a settlement that might have been expected, if the result of the
war had been exactly the opposite to what it was, and if the
South had come off conquerors instead of the North, yet with
out accomplishing an entire dissolution. In fact there is no way
to justify either Congress or the President/ requiring any stipu
lation or constitutional alteration to be accepted by a rebelled
state, which does not imp'y that the rebelled state has lost its
CONSTITUTION OF THE UNITED STATES. 155
political rights, and is no longer a state at all, in the eye of the
law or of the constitution. It is an established principle that
war annuls all previous political contracts, except otherwise men-.
Honed.
Eebellion does not take a state out of the Union, but it takes
its political constitution out of the constitution of the United
States. Its territory remains as property, and its roads to be
taken and traveled on ; its inhabitants remain to be governed
and protected, as may be wise and reasonable; the rights of
citizenship of loyal Individuals as Individuals remain unim
paired, in the same manner as if residents of territories ; but
their political state rights are gone, for tlie state is no more a
state, but a territory or District like the District of Columbia,
or like any western territory not yet admitted by congress. All
the world over, wherever .one part of a country rebels, and is
defeated and conquered, the governors of that region lose their
political rights, until restored by the conquerors : and in this
country, the governors of the rebellious states were the majority
of the voters of those states, except perhaps in one or two of
them. The political rights of that dynasty, therefore are for
feited. The President's pardon cannot affect that subject,
because it is not an Individual affair, but an affair of office,
of majorities, and of the state government tself.
Nothing in this argument, however, is to be so construed, as
to deny the right of Precincts to rebel, upon sufficient cause.
The conflict of arms results in general from the uncompromised
conflicts of opinion, and which are useless to discuss any further.
It is a resort to which every living thing which believes in
fighting, has a natural right, upon just occasion. But after the
resort to arms has been made and concluded in conquest, the
rights of the conquerors are limited only by the laws of nations
and by Christian morality. But the expediencies are a different
question.
(/) Separation of National from Precinct politics. To avoid
confusing local interests and local parties, with national ones, no
council or legislative body elected for Precinct affairs or Pre
cinct purposes, ought to be chosen to select officers for national
affairs ; but such ought to be selected according to a different
division of parties, grounded upon an entirely different classifi-
156 BK. II. PRECINCT. I. VII.
cation of ideas, and relating to an entirely different class of
concerns. But to this, must be excepted questions concerning
the division of a Nation or Precinct, or concerning the relative
degrees of power or administration belonging to either. But,
as every returning to such a discussion and division on this
branch of the subject, tends to confuse inextricably the separate
businesses and functions of the two great organs of government,
it follows that something ought to be done to prevent constant
or long continued political struggles, in this matter of the rela
tion of Precinct to Nation. This might be accomplished per
haps, by having conventions held, for the express purpose of
remodeling the constitution of the Nation, at only certain regu
lar intervals, say, every ten or fifteen years, in hopes that in the
interim all question relating to the subject might have rest.
Moreover and still better, to keep the different businesses and the
two functions separate, the elections for National officers ought
to be at as different times as possible. And as annual elections
are frequent enough, it would be best that the elections for Pre
cinct or Nation were held in alternate years or not often er, and
not any nearer together respectively. And the longer time that
could be allowed, consistently with other reasons, to intervene
between the different kinds of elections, the more distinct they
would be kept, and the better therefore would be the results.
CHAP. VII. STATEMENT AND DETERMINATION OF THE SIZE
OF PRECINCTS.
1. Conditions in general.
Under this head we will first give the formula?, with some
general arguments ; next, a few further thoughts on the condi
tions of population; and then a few on the conditions of locality.
The object here however, is not to L,O through the whole argu
ment for small Precincts, which is reserved for the Second di
vision of this Part, of the work. But assuming the general
doctrine to be established, the particular problem, is to deter
mine exactly how small the Precincts should be. This consid
eration is placed before the other, 'n order the better to explain
the nature of our theory.
Precincts should be no larger in territory or population, than
would admit of all the adult people, or at least all the voters,
SIZE OF THE PRECINCTS. 157
meeting conveniently in one assembly. And no larger than
would allow the heads of Families as residents, to be gen
erally acquainted with each other, at least by hearsay, yet not
so small as to preclude the chances of reasonably furnishing the
proper proportion of qualified governmental officials.
This minimum of smallness is called for, because each Pre
cinct of a perfected system, is required to derive considerable
government authority from its adjoining Precincts, and be an
Amalgam therewith; so that to have large Precincts, would
require this Amalgam to be larger than would accord with the
safety of individual personal liberty. Thus, each Precinct is
the centre of one life, and at the same time, is a part of the
circumference of life of every other Precinct adjoining it.
The second idea to determine the size of Precincts, is the
necessity of keeping local and national politics distinct. How
ever small the legal organization of any territory or company,
there will always be formed a few and never more than a few
caucuses, cliques or parties ; voluntary subdivisions or suborgan-
izations to affect the legal one. These subdivisions or suborgan-
izations are formed on purpose to affect the legal organization,
and grow out of it and cannot get far from it. This is the reason
why there never can be more than a few of such parties, because
as their number increases arithmetically, their power decreases
geometrically. That there will always be at least two, or a few
such subdivisions, is, because different human minds do not see
or feel alike. From these considerations it follows that the Pre
cincts ought to be small, so that the suborganizations which will
arise in each, shall flow out of it voluntarily, and relate to the
concerns of each immediate neighborhood itself; and for similar
reasons, the amount of power and business given to the national
or large organ, should be a minimum, or the smallest possible, so
as thereby to cause ths least amount of interference with the
business and concerns of the Precinct. In other words, these
things should be so, in order to prevent local parties being
formed upon national interests, or vice-versa. For instance, if
Precincts were so small as to consist of only one Family each,
and as Family questions would seldom be introduced into na
tional politics, therefore such divisions would furnish the mini
mum of confusion of the two kinds of polit . Again, if
158 BK - IL PRECINCT. I. VII.
Precincts became a little larger, so as to consist of only a few
Families each, the confusion would become rather more frequent,
yet still would be comparatively rare, because the questions for
consideration, would be still very local and very personal.
Hence, the larger the Precincts are made, the greater will be
the confusion of the two kinds of politics, and vice-versa.
2. Conditions of population.
As to the actual size of these Precincts, the most important
consideration by far is density of population. The general
theory points at from 10,000 to 20,000, as being the highest
number that should constitute a Precinct, as this gives from
1000 to 2500 adult men or voters to each, which is the highest
number that can conveniently meet and consult.
Election districts should not consist of a larger population,
than would allow of all old or established residents, being tol
erably well acquainted with each other's personal and business
character, either by direct acquaintance and observation, or by
common hearsay. If Precincts are larger than this, then their
officers should be chosen by electors each of whom represents
and is from an elective district as small as herein mentioned.
But the smallness makes the direct voting by the people more
practicable. For the larger the district or population, the less
direct can the election be. And a vast deal depends upon the
"Primary" elections. And our idea is to make the Precincts as
small as the smallest district of primary elections, or as near that
as possible.
The utmost population should be such that all persons entitled
to vote for any one branch of its government, should be able
to meet in one building under cover, and so that any ordinary
speaker could be heard from one end to the other. Thus, its
size would vary with the number of voters. And whenever
their number became too large to meet as described, either the
Precinct would have to be divided, or an additional division be
made of its representative houses, or an increase of age or other
qualifications for suffrage.
Smallness also secures to each of the people, mutual knowl
edge of the other, and mutual good feeling, so that government is
more practicable, and happiness more complete, all being agreed.
On the other hand, it is desirable that the population of each
SIZE OF THE PRECINCTS. 159
Precinct, should be sufficient to enable it to select one repre
sentative to the national legislature or congress, for itself, with
out being joined in a congressional or senatorial district with
any other Precinct, so long as it remains possible to avoid it.
At the same time, the congress itself must not be larger than
can conveniently meet, debate and consult. Now, a national
population of Fifty Million, would require that each Precinct
should contain at least Twenty Thousand average population ;
because if less, then the congress would have to consist of more
than Twenty Five Hundred members. Hence arises the neces
sity of not making the Precincts smaller than are required by
the fundamental conditions before mentioned.
The only possibilities for allowing larger populations to the
Precincts, lie in the direction, either of increasing the age of
suffrage, or otherwise democratically lessening the number of
voters, or else in the direction of the electoral colleges or houses
of delegates, for the special purpose of electing all general offi
cers. And these delegates must be FREE, not pledged to vote
for any particular candidates. For, our fundamental principle
is, that the number of direct voters for any candidate must
always be within the limits of probable personal acquaintance
ship, both with the candidate and with each other, and of con
veniently assembling in consultation. To accomplish this object,
Precincts might be subdivided into wards ; but the voluntary
and spontaneous division of the people themselves (within the
Precinct) into Corporations as shown under that head, is much
the better plan ; ajid any delegate-system, really such, would be
more acceptable to the people in that way. But the considera
tion of that way, must be deferred to its proper head.
An obvious corollary from the foregoing principles, is, that
woman-suffrage is so far an erroneous movement, lessening the
probabilities of decreasing the size of Precincts to the proper and
necessary smallness.
3. Conditions of Locality.
As to the extent of ground or territory to be embraced in a*
Precinct, it should not be larger than would allow each man, or
each voter, to travel by the usual methods, to and back from the
place of meeting, conveniently in one day. In case the popula
tion was too scattered for such a limit of territory, the theory
160 BK - II. PRECINCT. I. VII.
then would be, that some merely temporary arrangement, anal
ogous to the principle of United-States-territorial government,
be made, until the population became sufficiently concentrated
on such a tract, say of not more than about fifty miles diameter,
the place of meeting being central, and not more than twenty-
five miles from the circumference or boundary.
As the essential idea of Precinct is neighborhood, both popu
lation and locality must be small enough to admit of the usual
feelings of real neighbors. Therefore the word neighbor, in
common usage, as it contracts or expands for different localities,
is an excellent definitive for the varying size of Precincts.
If largeness of territory be offered as a reason why a state
should be recognized as such, relying upon the hope of an in
crease ; then that reason is equally as great, why it should not
be so recognized, for it is so sparsely settled that the inhabitants
live too far apart, and consequently are too little acquainted
with each other. And if it is really going to increase so fast, it
will not have long to wait.
If it be said that the idea for the maximum size of the Pre
cinct here presented, would not answer for the settlement of our
new lands : we answer that our method of settling them has
been too unscientific, and entirely too extravagant and diffuse.
This we shall endeavor to prove at large in the article on land,
under Property. It is the land-treatment that is wrong, not
our Precinct system. Besides, even if modifications were neces
sary in the wild woods, that would be no argument for them,
where they were not necessary.
In regard to boundaries, it is of course desirable that natural
boundaries should be preferred, where they can be obtained ;
by natural boundaries we mean Rivers, Creeks, &c., but in
modern times and small Precincts, we can seldom have any
thing better than roads or streets; fences or walls. But these
latter can be made the best of all possible boundaries. At any
rate, street boundaries are poor ones, because they call for double
jurisdiction in the places most frequented ; and rivers do some
what the sa.ne, in thickly settled localities.
PREFACE TO THE SPECIAL ARGUMENTS. 161
PART II.
SPECIAL ARGUMENTS FOR THE THEORY.
CHAP. -I. PREFACE.
1. Classification of Theories.
The dispute about the relative rights of State and Nation,
may be spun out almost indefinitely, by writers who have no
scientific system wherein to place them ; according as they hold
to one or another of various theories, which no one knows either
the origin or the evidences of. These various theories of the
fundamental relations between State and Nation, may be summed
up into three classes, which are here presented as a convenient
outline for meditation on the subject, and for the classification
of all the arguments upon it; for the use of persons who may
wish to pursue the subject in detail, further than we can spare
time to do : Only remarking that ours, is what is here called
the III. THEORY.
(I. Theory). Supremacy of the Nation. States are Corpora
tions with charters from the Nation alone.
(1) (a) Either : Temporary, at the option of the Nation :
(b) or : Perpetual.
(2) (a) Either : With Definite limited charters :
(6) or : With Indefinite charters altered by time and cir
cumstance.
(II. Theory). Supremacy of the States. The Nation is a
confederate Union :
(1) (a) Either : Temporary, at the option of the States :
(6) or: Perpetual.
(2) (a) Either : With Definite and written charters :
(6) or: With Indefinite charters altered by time and cir
cumstance.
(III. Theory). Balances of State and Nation : Both as co
existent in the people, as distinct Units :
(1) (a) Either : Alterably :
(6) or : Unalterably.
(2) (a) Either : With Definite written charters :
11
IQ2 BK. II. PRECINCT. II. I.
(6) or : With Indefinite charters altered by time and cir
cumstance.
(3) (a) Both : For all Internal peace, order, and fraternity
between Individuals and States, within the limitations of State-
rights.
(6) And : For all External International relations, with
out limitations of State-rights !
2. Limits of the special or collateral Arguments.
In the foregoing article, THE GENERAL VIEW AND STATE
MENTS of our theory, are really a general argument for it.
Moreover, most of those statements contain special parts that
are direct and formal arguments for various portions of the
theory, as they pass along. Thus the historical statement con
tained arguments, some drawn from the general course of his
tory, some from the history of the United States. The scientific
statements consist entirely of analogies which are arguments in
substance. The comparisons with the constitution of the United
States, presented the reasons for differing in a few places from
that great and as yet unapproached political document. And
the discussion of size was a direct argument for our system, be
cause in this country where we are so familiar with the principle
of state rights, and of independent sovereignty within limits,
the question is more one of size than of any thing else.
Furthermore, we will find some arguments when we come to
the discussion of NATION, and determine its true location, and
that it is not the sole unit, nor even the most active unit of
political society ; and that it does not occupy any such a position
of absolute power toward the Precincts, but what in the progress
of history the power of Mankind over IT should be similar.
Indeed, that position is almost drawn (in the Introduction itself)
in the discussion of the Units, and their necessary balances.
Many of our arguments for the Precinct are better considered
under Corporation ; for while they apply equally to both, they
are better considered under the latter ; because in the common
theories, it is the more familiar organ, and still more, because
the arguments are true in their own nature, entirely without
respect to any ideas of locality. And for these arguments, the
reader is referred to that Article.
In arguments of this kind, it should always be borne in mind
THE GEOGRAPHICAL- ARGUMENT. 163
that the question is, not whether what one advocates is perfect,
but whether it is better than what the opposing disputants ad
vocate. The question is, not whether the government under
small Precincts is infallible, but whether it is not better than a
government of large states, or an entirely consolidated one.
The neighborhood is the real germ of the state, and of its
rights of government, both theoretically and historically. This
proposition appeals to the human heart as well as to history.
Hence, the burden of proof ought to be upon those who main
tain the preference of large states as against small Precincts.
This would be so, even if the doctrine of small Precincts were
not essential to the sound general theory of government, and
even if there were no particular arguments to show the supe
riority of the rights and of the effects of the small Precincts :
for it is in the Precinct or near neighborhood, that civil govern
ment necessarily BEGINS, and will always spontaneously reor
ganize after distractions or interruptions. But nevertheless, we
will proceed with other arguments as we may be able.
CHAP. II. THE GEOGRAPHICAL ARGUMENT.
1 . Forms of the Continents.
It is a remarkable fact observed by the great geographers,
that progressive civilization has been almost entirely confined to
the countries, the most indented by seas and oceans. Thus Eu
rope has 6 1 miles of coast to each 1,000 square miles of conti
nent, whilst Asia has only 2J. What is thereby gained, is not
merely an increased extent of coast line facilitating commerce,
but many abrupt and long peninsulas, which preserve the indi
vidualities of tribes and districts. Thus Guyot (p. 46, " Earth
and Man") says : of Europe : " Its principal mass is deeply cut
in all parts by the ocean and by inland seas, and seems almost
on the point of resolving itself into peninsulas. These penin
sulas themselves, as Greece, Scandinavia, repeat to infinity the
phenomena of articulation and indentation of coasts, which are
characteristic of the entire continent. The inland seas and the
portions of the ocean, its outer limits enclose, form nearly half
of its surface. * * * Thus it is the continent most open to the
sea for foreign connections, at the same time that it is the most
individualized, and the richest in local and independent dis-
164 BK - IL PRECINCT. II. II.
tricts." It is true that Asia has extensive peninsulas ; the places
of origin of the ancient civilizations, Arabia, the two Indies,
Mandchouria and China. But the influence of these peninsulas
was overcome by the immensity of the unbroken continent, to
which they in comparison formed only small extremities. Thus
Guyot (p. 46) says : "Asia is a mighty trunk, the numerous
members of which, however, make only a fifth of its mass. In
Europe, the members overrule the principal body, the branches
cover the trunk," and (p. 45) : " The extent of this continent
[Asia] is such, that, in spite of the depth of the indentations,
there yet remains at its centre a greatly preponderating mass of
undivided land, which commands the maritime regions, as the
body commands the limbs." These all (p. 296) " are so many
new Individuals, exciting each other reciprocally to animation."
Moreover, other geographical conditions co-operate to make true
Precincts. " The ground is everywhere cut and crossed by
chains of mountains, moulded in a thousand fashions in such a
way as to ,present, within the smallest possible space, the greatest
number of districts physically independent." Again : " No con
tinent is more fitted, by the multiplicity of the physical regions
it presents, to bring into being and to raise up so many different
nations and peoples." And (pp. 313-14) he says : " The assim
ilation of the peoples of Europe, stops far short of confounding
their distinctive qualities. Not long since the world saw them,
* * * protesting against the complete fusion, seemingly about to
annihilate their individual existence, and threatening to carry
them back to the chaos of a homogeneous unity. * * * Each
of the great physical districts composing that continent, in reality
sustains a people whose moral and intellectual character, apti
tude, talents, differ as much as their language, from those of
their brethren. Each of these Nations plays, in the great drama
of history, a special part in accordance with its particular gifts,
and altogether, they form in truth and reality one of those rich
organic unities, which we have recognized as being the natural
result of all regular and healthy growth." Again, reasoning
from the greater to the less, and observing that even the conti
nents themselves are great -types of the uses of locality itself,
however small, Guyot says (p. 323): " That the three continents
of the North are organized for the development of man. * * *
THE GEOGRAPHICAL ARGUMENT. 165
That each of these three continents, by virtue of its very struc
ture and of its physical qualities, has a special function in the
education of Mankind. * * * That the entire physical creation
corresponds to the moral creation, and is only to be explained
by it. * * * It is not perhaps without some surprise, that we
behold privileged continents and races almost unalterably smit
ten with a character of inferiority. And yet, why be surprised
at this? Is it not the attribute of God to dispense His gifts t >
whom He will, and as He will ? Do we not know that in every
organism, there are needed divers members, clothed with func
tions more or less exalted, but alike necessary ? We shall see
that this great contrast of the historical continents, and the con
tinents of the inferior races, seems established by Providence AS
A STANDING INVITATION ADDRESSED TO MAN, BIDDING HOI
UNFOLD A NEW ACTIVITY. * * * For the law of contrasts in
the order of nature, is the law of love in the moral order."
2. Geographical course of Civilization.
Again, Guyot (pp. 300-1) says: "The first glance we cast
upon the annals of the Nations, enables us to perceive a singular
but incontestable fact, that the civilizations representing the
highest degree of culture ever attained by man, at the different
periods of his history, do not succeed each other in the same
places, but pass, from one country to another, from one conti
nent to another, following a certain order. This order may be
called the geographical order of history" (or of civilization).
* * * " Tradition universally represents the earliest men de
scending, it is true, from the high table-lands of Europe." "The
traditions of the Chinese place the first progenitors of that people
on the high table-land, whence the great rivers flow ; they make
them advance, station by station, as far as the shores of the ocean.
The people of the Brahmins come down from the regions of the
Hindo-Khu and from Cashmere, into the plains of the Indus
and the Ganges : Assyria and Bactriana receive their inhabitants
from the table-lands of Armenia and Persia."
Again, speaking of the ancient civilization of China, Hin-
doostan, Syria, Arabia, Egypt and even Judea, Guyot says (pp.
306-7) : " During the long centuries of these first ages, man
has therefore learned but one thing, that he depends on the will
of a master, but that master is an inexorable despot devoLl of
166 BK - II- PRECINCT, ii. ir.
love. He can only fear him ; -if he obeys him, it is as a slave ;
he loves him not nor adores him, for love presuppose? lib
erty. Men cannot remain thus. A cry of liberty makes itself
heard; it re-echoes to the depths of that East which groans
in its chains. In a small corner of the earth, neighboring still
to the East, but admirably organized, in that small peninsula of -
Greece, where all the varied contrasts of the whole continent
seem to be repeated in a narrow space, under a climate blessed
of Heaven, a new people arise, upon a new land, a free people,
a people of brethren," (and we add, a people consisting of sev
eral small and perpetually distinct tribes and Precincts.) " With
them the period of youth commences; human consciousness
awakes with energy ; man recovers himself. * * * Who can de
scribe all there is of fresh and youthful energy, in that people
of artists and philosophers, whose efforts open to us a world en
tirely new? This is no longer the world of nature; it is that
of the human soul. Everything, in fact, with the Greek, bears
that eminently human character which betrays the preponder
ance of human personality, and the energy of individual char
acter. * * * The Greek no longer goes to the outer world of
nature in search of wisdom, but descends to the depths of hu
man consciousness. With Socrates and his school, philosophy
has passed from the realm of nature into the realm of man ; she
has become a moral philosophy. In the social life of the
Greeks, no more * * * of those hard despotisms * * which by
regulating human existence in detail, hinder its improvement ;
but communities of free and equal men, and the predominance
of democracy, of Individual and local life; these are its char
acteristics/'
All history and all experience corroborate these truths. But
in order to apply them to present times, we must remember that
those localities anciently contained but small populations com
paratively, in their days of intellectual progress and develop
ment; and that they prove our theory of the Precinct, as well as,
or even more than they prove the necessity of nationality. The
political cause of the downfall of the Greek democracies, was
not their preservation of the rights of the Precinct, but their
being without ANY adequate or permanent central government,
whereby the nationality would be politically expressed.
ANALOGIES WITH PHYSICAL NATURE. IQf
The experience of history is against the cultivation of nation
ality, to the extent of the subversion of all local rights. The
Romans allowed the natives of different Nations, to have their
own laws in their various places of foreign residence. The
recognition of a few Precinct-rights, has come down even in the
modern laws of England, both in special local customs and in
general powers, as in Isle of Man and of Jersey, and several
other places. There are also specialties, not confined to one
locality only ; as Burgage, Gavelkind, Copy-hold, and Villein-
socage. These specialties relate chiefly to the titles of real
estate.
Even the poor inhabitants of India, were as happy with their
Precinct-system as their false religion would allow them to be,
until England swallowed it up in a vast gulf of centralization,
and sunk the people into poverty and dependence. (See Carey's
Soc. Sci.)
Small states, especially small free republics, are the best gov
erned, both our own, and some foreign ones : as the Republic
of San Marino, the Cantons of Switzerland, the small German
free cities and states. Nor do we have to go from home to find
examples; for our own small states are better governed, politic
ally speaking, than the larger ones. Rhode Island, Connecti
cut and Delaware, are much better governed than New York or
Pennsylvania. And life is more respected in our small cities
than in the large ones in the same neighborhoods. The colonies
of the United States were substantially states at first, yet with
but limited populations for many years; and they were the best
governments of their age in the world, and were the germs of a
great and we hope good future. Also, there are many late ex
periments which prove the great moral uses of increasing the
powers of small districts ; as for instance, Bethlehem, Oberlin,
Vineland, also several large " communities."
CHAP. III. ANALOGIES WITH PHYSICAL NATURE.
1. Variety in God's Creation.
All that infatuation for absolute uniformity of religion, which
used to prevail in the Middle Ages, seems concentrated, in the
United States, into the one idea of producing sameness of polit
ical organizations. And yet the story goes, a certain great bigot
168 BK - H- PRECINCT. I}. III.
could not make a few watches keep time alike. And whence
indeed comes this insatiable desire among Americans (we call
ourselves so), to force all political organizations into some one
pet form, and under one central human power ; suppressing all
variety, and blotting out all individual independent develop
ment? It does not come from nature. Behold the infinite
variety of creatures, both in the vegetable and animal worlds.
Says Dr. Dick : " What an immense space in the scale of animal
life, intervenes between an animalcule, which appears only the
size of a visible point, when magnified five hundred thousand
times, and a whale a hundred feet long and twenty broad ! The
proportion of bulk between the one of these beings and the
other, is nearly as thirty-four million million million to one.
Yet all the intermediate space is filled up with animated beings
of every form and order! A similar variety obtains in the
vegetable kingdom. It has been calculated that some plants
which grow on rose-leaves and other shrubs, are so small that
it would require more than a thousand of them to equal in bulk
a single plant of moss, and if we compare a stem of moss which
is generally not above one-sixtieth of an inch, with some of the
large trees in Guinea and Brazil of twenty feet diameter, we
shall find the bulk of the one will exceed that of the other no
less than about three million million times, which multiplied by
1000 will produce three thousand million million, the number of
times which the large tree exceeds the rose-leaf plant. Yet this
immense interval is filled up with plants and trees of every
form and size ! "With good reason then, may we adopt the lan
guage of the inspired writers, ' How manifold are thy works,
OLord!'"
And we add; the same variety pervades the whole stellar uni
verse, so far as telescope or Mathematics or light itself can reach.
And yet, all vegetables, animals, stars and comets, in infinite
variety, are working in one connected system of law, even in
the control and government of the infinite God. And shall
puny man present us one uniform system of political motion ?
2. From Homogeneity to Heterogeneity.
In Spencer's writings, a philosophical basis for our Precinct-
theory, may be found in physical philosophy; and the proof
also that it is perfectly consistent with the laws of universal
ANALOGIES WITH PHYSICAL NATURE.
nature, animate and inanimate; and furthermore, that as the
Population and Power of a Nation increase as a whole, the
power and independence of function, of the separate parts must
increase also, and also the number of the subdivisions of the parts,
(thus constituting a philosophical basis for our Precinct-theory,
stated in universal terms). That these things are so, and that
the violation of them must produce political disease, disorder, and
finally national death, is quite accordant with the very scientific
generalizations by Spencer (First Principles, 187) : as follows:
" By the aggregate Solar System, as well as by each planet and
satellite, progressive concentration has been and is still being
exemplified. In each organism, that general incorporation of
dispersed materials which causes growth, is accompanied by
local incorporations, forming what we call organs. Every
society, while it displays the aggregative process, by its increas
ing mass of population, displays it also by the rise of dense
masses in special parts of its area/ 7 [cities] : " And in all cases,
along with these direct integrations, there go the indirect inte
grations by which parts are made mutually dependent." [That
is, Voluntary associations, Federations, Corporations, Societies,
States and Provinces]. " From this primary re-distribution, we
were led on to consider the secondary re-distributions, by inquir
ing how there came to be a formation of parts" [i.e. Precincts]
" during the formation of a whole. * * * It turned out that there
is habitually a passage from homogeneity to heterogeneity, along
with the passage from diffusion to concentration. While the
matter composing the Solar System has been assuming a denser
form, it has changed from unity to variety of distribution.
Solidification of the Earth has been accompanied by a progress
from comparative uniformity to extreme multiformity."
" In the course of its advance from a germ to a mass of rela
tively great bulk, every plant and animal also advances from
simplicity to complexity. The increase of a society in numbers
and consolidation, has for its concomitant an increased hetero
geneity, both of its political and industrial organization. And
the like holds of ALL super-organic products Language, Sci
ence, Art and Literature. But we saw that these secondary
distributions are not thus completely expressed. At the same
time that the parts into which each whole is resolved, become
170 BK. II. PRECINCT. II. III.
more unlike one another, they also become more sharply marked
off. * * * Further consideration made it apparent that the
increasing definiteness which goes along with increasing hetero
geneity, is not an independent trait; but, that it results from the
integration which progresses in each of the differentiating parts,
while it progresses in the whole they form. * * * As fast as
there results variety in the sizes and forms of aggregates, and
their relations to incident forces, there also results variety in their
movements." And we add, unless these various new organs
and new functions be allowed to develop naturally, diseases and
disorders must follow.
The Precinct-principle is the only principle whereby every
separate function of society, may have its own new special and
appropriate local organ. Its effect is just opposite to the na
tional system ; for the national system presents all inducements
to make all offices mere functions of the Nation itself as the one
organ of governmental rule. Whereas the Precinct-principle
makes that idea absolutely impossible ; and presents the idea
of special organs for each special work, as the only manner in
which such special work can be accomplished, at least beyond
the Precinct. Then the alternative becomes either, special
organ, or not special work, of which the practical result is only
one organ for all functions, as in sponges and star-fish.
3. Concentration versus Diffusion of Power.
Centralization or concentration increases power at particular
points. But diffusion of power increases the total amount of
usable power as a whole, by liberating more and freer motion,
and by increasing the spontaneous activity of all the parts, and,
at the same time lessening the power lost partly in friction, and
partly in the central cohesion.
But these good results can only follow of course, after cen
tralization procures and maintains general peace and general
freedom; that is to say, whilst it prevents the Precincts from
interfering with each other, or with the private rights of In
dividuals, and preserves them from being interfered with by
foreign Nations.
This Precinct-system will give large power to a greater number
of persons; and this dividing power, whilst at the same time
stimulating to its faithful exercise, will also render a posthu-
ANALOGIES WITH PHYSICAL NATURE. ]>l\
mous fame, of more relative activity and importance as a motive,
because it will present a far larger number of vacancies for it.
For, the great and good men of little states, are remembered as
long as (and often loved more affectionately than) those of larger
ones.
4. Sociological Experiment.
The absolute necessity for Sociological experiment, in order to
the improvement of society, has already been sufficiently spoken
of, in the Summary Introduction. Therefore, the most that
could be done here, is briefly to point ou,t that our Precinct sys
tem affords one of the finest possible fields, and the very first
practicable one, for the trial of such experiments.
The Precinct-principle opens the way for true and voluntary
sociological experiments. If one Precinct commits errors, it will
soon suffer the natural consequences thereof, and others can avoid
the error. If one discovers or invents or introduces any good,
others can freely follow.
In the case of Individuals finding themselves not in sym
pathy with the Precinct wherein they reside, the fault may be,
either in the Individual or in the neighborhood itself. The
sympathies and feelings which are disturbed by the residence
among them, of an Individual out of harmony, may be bad
feelings or they may be good ones. It is presumption for others
to pretend to judge in most cases. Who is to decide? The
answer is, that as long as the resident is free and able to go to
some Precinct where he will be in harmony, and to take his pos
sessions or their value with him, in such case, no decision of the
mind is needed to be made upon the subject as to who is right.
Only let the Precinct enjoy its own liberty, without infringing
the equal liberty of others. Only let it continue on its own plan
awhile, and the fruits will evidence plainly who was wrong,
the Individual or the Precinct. Small Precincts that are
wrong will not long go on harmoniously. The smaller the
Precinct, within reasonable limits, the sooner will the result
manifest its moral quality. This manifestation however, will
prove, not the correctness or incorrectness of any one of its prin
ciples, but only of the net-resultant of the whole. These un
derstood principles will soon work themselves fully into results,
and show their true character. Only thus can the science of
172 BK - II- PRECINCT. II. IV.
society become much improved. Neither good nor evil can be
made plain to the minds of the people in general, otherwise
than by allowing systems to work out into light, their own
natural and true results.
In general, with regard to all the domestic changes and im
provements, recommended in this book on Social Science, or
in any other book, or from any other source, it is possible to
try them, better, by means of small Precincts than by any other
method. And not only so, but it is the only method whereby
true sociological experiments can be made, or whereby any so
ciety can, either attain ideas any considerably advanced before its
age, or prove such an advance even if it had attained it. Even
most national and international questions would not be alto
gether impossible of settlement by Precinct- trial, as many such
questions can be solved as readily by distant Precincts of the
same Nation, as by different Nations.
CHAP. IV. OBJECTS AND USES OF "LAW."
1. In General.
All laws may be divided into two sorts ; as they regard either
the thing commanded to be done, or, the sanction to enforce it.
The first sort of laws may be regarded as counsels of wisdom,
the second, as punishments for the violation of those counsels.
The first, are the primary and ultimate design, the second, are
only incidental to the accomplishment of the others. A large
part of human laws are only the re-enactments of the laws of
nature and morality ; of such, the violation will always and
ultimately be followed by their own natural and spiritual conse
quences. Why then does the law of the land affix and add any
arbitrary punishments? The answer is, that the natural and
spiritual punishments are so often disbelieved, so seldom ap
preciated, and often so long in coming, that they are entirely
insufficient as safeguards of human society.
Another lanre class of laws are not re-enactments of the laws
o
of nature or morality, but only the settlement of points indif
ferent in themselves, or not clearly limited in nature or moral
ity; but yet necessary to be settled definitely in some manner,
in order that all persons may know beforehand, how to regulate
their affairs in regard to them. In these cases, the necessity of
OBJECTS AND USES OF LAW. 173
having arbitrary sanctions to the prescriptions of law, becomes
all the more evident, but as yet those sanctions are hardly any
more necessary than in the cases of the violations of natural and
moral law. We say, as yet, for in proportion as humanity
improves, if indeed it will improve sufficiently, the necessity
of arbitrary sanction to natural law will become less and less
urgent. For the more men see their true duties, and feel the
obligations of them, and have faith in the certainty and impor
tance of natural and spiritual consequences, the less will they
stand in need of arbitrary ones. And this again, greatly favors
the principle of self-government in Individuals, which by pro
moting solid virtue, tends more and more to render government
unnecessary. Thus and only thus, can the highest and best civil
liberty be attained. The "forces" of arbitrary punishment, and
of government by others, can only be generally disused, as Indi
viduals become gradually more and more perfect in se/"-govern-
ment.
The same principles evidently apply to Family-government,
the type of and preparation for the state government. And
here we must look for the great test and measure, of the varying
needs of men for more or less natural strictness and arbitrariness
of government, namely, whatever is found to be the decrease or
increase of necessity for arbitrary Family-government, and what
ever the degree or the lack, of the power of voluntary self-control
in the Family, especially among the children; THAT will be
found to be both a preparation for, and best measure of, the
amount of fitness for their being entrusted with similar degrees
of self-controlling power in the affairs of the world. In other
words, it is only in proportion as men become fit for freedom
individually, and in Family-relations, both as parents and chil
dren, that they will become fit for release from law and force,
in civil and political relations.
Another idea in this connection is, that if laws must be uni
form for all persons in the same Precinct, it follows that all its
residents ought to be in nearly the same moral degree of self-
control and moral civilization ; that is, should be substantially
in moral homogeneity. Hence, in an old Nation with settled and
fixed habits and general homogeneity, (which however can only
be the case in a lower state of civilization,) it would not seem to
174 BK - IL PRECINCT. II. IV.
matter so much, whether a government were a great consolida
tion, or a union of small Precincts. But in proportion as moral
civilization increases, the moral and intellectual differences in
crease, and the necessity of Precinct-freedom increases, together
with a greater degree of liberty for each to select the Precinct
best fitted for him; and, each Precinct to select and invite the
Individuals best suited to IT.
The most effectual punishment that can be administered for
most offences, is that which society administers spontaneously,
through the loss of social standing among one's companions and
associates. But this kind of punishment is greatly modified,
and in many cases almost nullified, under the present condition of
large territories. This nullification comes about in two ways. In
one way, the citizens so frequently reside in a different territory
from that in which they transact business, that they seem to
have two lives and two representations, almost entirely distinct.
The other way in which this nullification of social punishment
is also brought about, is the facility with which offenders may
remove from one territory to an adjoining one, and the certainty
of finding? about the same assortment of social conditions, and
O '
opportunities for companionship, that they had found in their
former residence; so that the change is merely one of persons,
but not of the kinds of persons. But if the Nations were con
stituted into the very small Precincts which we propose, persons
of similar moral dispositions would collect in Precincts together ;
and offenders would often find it very difficult to find acceptance
elsewhere, if they made themselves discreditable in their own
Precinct.
2. Multitude and Minutiae of affairs.
Another argument for the Precinct theory is ; there exist too
many and too minute affairs needing the interference of law, to
be entrusted to a large state or Nation. Governments ought to
do so many things which yet it is obviously unjust to tax un
willing or dissentient persons for, or compel such to co-operate
with or conform to, and furthermore, there are so many differ
ent views of rights, that the difficulties can only be obviated by
encouraging people of similar views to reside and do business
in the same neighborhoods, and thereby, in conformity to their
own rules. The following are some of the subjects which belong.
OBJECTS AND USES OF LAW. 175
I
more especially to the Precinct, either because of its inherent
right over them, or because of the uncertainty of their being
proper objects for government interference at all : Rights of
Conscience, including religion and church, Rights to Alcoholic
Liquors and to Luxuries, Right and duty of Governmental
Education, Right and duty of Governmental maintenance of
the poor, the care of the sick and infirm, Questions of Health
not aifecting localities or Individuals beyond the Precinct,
Right of Marriage and Divorce including aid to widows and
needy children, Right of Women to avocations, to property,
and claims to suffrage, Age of Suffrage, Right of Individuals
to ignore Government when aggrieved, Questions resulting
from War, such as Drafting into compulsory service and com
pelling to pay war taxes, Control of Farming Lands, Minfes
and Mining operations, Streets and Roads within the Precinct,
Manufacturers and Retail Trade, Paper Currency.
Many persons will doubt the legitimacy of some of these
rights being given to the Precincts, but even omitting the
subjects of currency and divorce, and perhaps of ignoring the
state, enough other matters have been mentioned above, too
minute and too multitudinous in their nature, to be accom
plished by national power or under national laws.
In general we may say that many things, from their local
nature, should require the agreement especially and only of the
neighborhoods, townships, &c., that are directly interested.
And mostly, the interference of one locality with another, should
be in proportion to their geographical and other nearnesses.
Therefore this question depends on the size of the Precinct ; the
degree of right interference being in inverse proportion to the
size of the Precincts. But the difference of their interferences,
is to be more as to the smallness of the specialty or matter, than
in the principles to which it relates.
The duties and consequent rights of a Precinct are what were
chiefly in Comte's mind, in the structure of his theory of govern
ment. And it accordingly exhibits the fact of its origin from
the little plan of St. Simon (or Fourier) applied to a French
or other vast empire, comprehending minutiae of regulation, and
details, that cannot be either justly or successfully applied to or
by a large consolidated government, especially to or by sinful or
176 BK - IL PRECINCT. II. V.
even imperfect beings, as men are. Plato and some other manu
facturers of ideal governments, have made a similar confusion
of the rights of the different units. And Mulford and the other
centralizers are following in their wake.
3. Competition in Government.
Then again, the numerousness of these little Precincts would
introduce the principle of competition among governments, as a
practical motive, for daily use. Viewing large Nations, we can
find no such competition for citizens, at all worth mentioning:
except that between Nation and Nation, as the United States
against Germany or Great Britain. And in the United States
we cannot find any traces of a competition of this kind worth
mentioning, except in the very new States competing for settlers,
or in the cities competing for this or that particular kind of
trade or honor. There is but little governmental competition
among us except for short-sighted or immediate results.
Now, if any could introduce this principle into operation
among and between some thousands of adjoining townships,
villages and Precincts, we can scarcely doubt that its effects
would be equally as good as they are among private individuals.
Of course we do not mean to exalt competition as a very good
thing in itself; we fondly hope for and look forward to the day
when it will be greatly superseded by co-operation. But so long
as competition is needed among the mass of Mankind, individu
ally, so long and for that very reason, it will be needed among
Precincts and localities. Even if it were possible for communes
to exist, from which the principle of competition would be
effectually shut out, still there would remain a necessity to have
competition between different communes. For competition is
necessary somewhere in everything, during the present incom
plete civilization. And the monopolizing and repressing spirit
and policy, are just as bad in government as they were in trade
and manufactures.
CHAP. V. POLITICAL OBJECTS AND USES.
1. In General.
Smallness of territory produces mutual knowledge of each
other, as well as mutual good feeling, so that government is
more practicable, and happiness more complete ; the people being
POLITICAL OBJECTS AND USES. 177
agreed in their general opinions. Smallness of Precincts also
makes a direct vote by the people more practicable : the larger
the district or population, the less direct can the representation
be. Thus, the people have both a better opportunity to know
their representatives and officers personally, and also a better
opportunity to express their own views and intentions. Such
are the schemes and cliques constantly forming to deceive the
people, both in trade and politics, that ordinary citizens cannot
possibly know them before they are accomplished ; and hence
necessarily have to depend on the characters of the leaders, and
therefore should know their characters well.
2. Corruption.
The notorious and general selfishness, partisanship and cor
ruption of officials, whether in political, or fashion-making, or
social governments, drive men to the resort of having small dis
tricts with a maximum of self-regulating power, that thus there
may exist the plainest and most direct responsibility to the
people, and the least amount of government by absentees and
strangers. Thus all the motives of Social Circle and personal
acquaintanceship, will be added to the ordinary motives, in order
to induce official faithfulness.
Small Precincts, making up the whole Nation as we propose,
by the greatness of their number, and by the smallness of the
amount of revenue they could afford to waste, as well as by the
check which would constantly be held over their officers, by the
mere fact that their doings were observed in particulars, by all
their constituents, would afford the best possible political checks
against the success of all attempts at corrupting the legislative
bodies, as well as against the value or amounts that would or
could be obtained by success and skill in bribing.
3. Specialties.
We are all the time having special acts of superior Legisla
tures, now for some county, now for some town, giving control,
now over temperance, now over its plan of voting, now over
this thing, now over that. But special legislation has been one
of our greatest curses, whether in regard to corporations, coun
ties or towns. Perhaps it is not generally known among the
people, that nearly one fourth of the counties and Precincts in
the State of Pennsylvania, have had granted to them special
12
178 BK - IL PRECINCT. II. V.
privileges, or, been put under special restrictions ; one thing to
one, and another to another, not applied to any of the other Pre
cincts. The Speaker of the Pennsylvania Senate, in his Inau
gural, Jany. 1871, says : " Special legislation has become the vice
of our system. The prevalence of a general rule of law over
our whole territory, upon subjects usually within the scope of
legislative action, is now the EXCEPTION, and special enact
ments and special privileges are found upon almost every page
of our voluminous annual statute book." Let us have no more
need thus to extend human rights drop by drop. Give every
Precinct its local rights in ALL respects, without any more
specialism. For the true Precinct-theory is the first step into a
truly GENERAL legislation.
Some moral or literary qualifications might be highly useful
in cities, to counteract the influence of mobs; and also especially
because cities are in advance of the country in some other kinds
of culture, so also it would seem ought they to be in advance in
the culture and qualifications required for political franchises.
At any rate, it would be well to allow such Precincts (within a
city), as chose, to try some such qualifications, and see how they
would compete with those that refused any such revised qual
ifications. This, however, is to be understood, only after the
general Introduction of the Precinct-system.
Our Precinct-theory contains the only method whereby, under
the tenure of land by the public, as advocated by Spencer (and
the present writer), the tenants can be induced to improve, with
permanent buildings, as thoroughly as under the private owner
ship tenure, or so very nearly as to answer present purposes.
This can be accomplished by allowing the tenant to erect what
ever permanent buildings, mainly of brick, stone or iron, he
chooses, subject to general rules of common sense and expe
diency, under the sanction of officers for the judgment of the
case ; and then the public giving the tenant a mortgage for the
amount, to run various lengths of time, from 50 to 100 years,
according to the nature of the case. Absolute proofs of the
actual cost, would be required. But where is the governing
power that could now be safely trusted with such judgments ?
We may answer, nowhere but in small districts of an honorable,
moral, and well-cultivated people.
HUMAN HAPPINESS. 179
CHAP. VI. HUMAN HAPPINESS.
1. In General.
Government and civilization are only valuable as they pro
mote human happiness. Human happiness depends more on
the multitude of little things of daily life, than on the occa
sional great events. And connected with this also, human hap
piness rests largely on closeness of sympathy, sameness of view,
tenderness of feeling, with those with whom we are most fre
quently in contact. The most ultra liberty, in association with
a people with whom we were not in sympathy, would be lone
liness and desolation. A solitary man is not so lonely in an
uninhabited wilderness, as is a stranger in a strange city, not
even speaking the language of the people.
There can scarcely be a question, that small isolated Christian
populations are the happiest, and morally the best. The Pit-
cairn-Islanders, the Republic of San Marino, the Welsh, the
Scotch, the Irish, and the voluntary associations of religious
communities in America in modern times, and the rush into
religious communities in the early ages, all co-operate to prove
this idea.
The Pitcairn-Islanders, are a splendid proof of the utility of
the independence and isolation of Precincts, so also are the few
cases of successful civilization of the North American Indians,
only made successful by isolating their Precincts. And partly
in the same manner perhaps, may be explained the unexpected
virtue and happiness of the Mormons in Utah, and of some of
the free communists. " Evil communications corrupt" the best
manners ; and even vice, in isolation, loses much of its power.
The fact in nature and providence, that men are involved in
the sufferings and partake of the joys and honors of their own
Nation, and their own Precinct, proves, that Nature intends, that
men should depart from localities whose sentiments or principles
they radically dissent from, and should seek other localities
whose principles they approve of, and thus become justly entitled
to and affectionately participant in, the sufferings and the joys of
their localities, whether Nation or Precinct. But still, the obli
gations and natural " indications" for removal from Precinct to
Precinct, are much stronger than for removal from Nation to
ISO BK. II. PRECINCT. II. VI.
Xation, because the removal from Precinct to Precinct is com
paratively so very much easier than the other.
As Comte has done much to show how great respect a govern
ment ought to pay to its thinkers, and why and how it ought to
take care of them ; so Spencer has done much to show the unal
terable nature and inviolability of Individual liberty, as against
majorities, equally as truly as against aristocracies. But when
it comes to the application of their own principles, neither of
those writers seems to have hit upon the happiest method. We
have now however, only to do with their theories so far as
they relate to Precinct-rights and order. And there is no method
for securing the independence, happiness and rewards of good
thinkers, so successful as the Precinct-system.
2. Individual Liberty.
The fullest possible allowance for Individual rights and free
dom, as far as is consistent with other men's equal freedom, can
only be attained, either in a state of isolation from society, which
is the road to barbarism, or else in such a variety of Precincts,
as will allow each Individual to find some one or more persons
sufficiently near his own ideas, as to justify being regarded so for
the usual practical purposes of life. And this variety is possible,
only by making the Precincts very small, so that they shall be
numerous, and the variety, brought within convenient or accessi
ble distances. And the great " emancipation" question among
all highly civilized peoples, is the question relative to the
Emancipation of the Precinct.
The Precinct-system is the best method whereby to enable
men as Individuals, to avoid "government control," (as Spencer
demands, meaning of course, national controt) Instead of lib
erty to " ignore the state," we would have liberty to change
one's Precinct residence. Spencer, it is true, not thinking of
the Precinct-theory, carries his idea of " ignoring the state" to
an extreme, when lie describes this right as "the attitude of a
citizen in a condition of voluntary outlawry." But remember,
Spencer was thinking only of outlawry from the Nation. And
Mulford's reply (p. 274) to Spencer is not sound. Thus his
reply says : " If then * * * Mr. Spencer assert and exercise his
rights, and while maintaining his right to ignore the state, is
robbed by some vagrant, of course he cannot recover through
HUMAN NATURE.
the aid of the government, the property which he has lost; or
the vagrant, not. having determined himself to ignore the state,
may bring the power of the government, being the agency in his
employ, to secure him in his actual possession, IT of course re
fusing to admit the claim of one who had ignored the state."
Now this reply to Spencer is not sound ; first, because it does
not follow that a state must of course "refuse to admit" a
person's claims, merely because it was not bound IN DUTY to
recognize them ; but second and chiefly, because the vagrant is
by the supposition, under the state and bound to obey its laws,
and therefore has no right to rob or murder anybody. The fact
is that Mr. Spencer's idea simply is, that the person who ignores
the state is in the relative condition to the state, somewhat simi
lar to what a foreigner was held by ancient national law, and is
still held by barbarians, namely, at their government's mercy :
but it does not follow as Mulford has it, that such person is at
the individual mercy of any one who chooses to maltreat him.
Both these writers are possessed by Nationality ; the one feels
the tyrant's goad and would tear its heart out, the other is
pleased, and "licks the rod." We conclude, Mr. Spencer is
right in the principle at bottom, although not to the unlimited
extent he argues ; and that, only a system of Precincts can be
trusted to carry it out.
CHAP. VII. HUMAN NATURE.
Personal attractions have strength like the chemical forces, so
also have home and locality ; whereas, the artificial states or dis
tricts, and even the Nation itself, have comparatively only the
strength of gravitation. Thus it is, that Social Circle and Pre
cinct have, in actual life the strongest power on man naturally,
and the first government claims upon him that he voluntarily
yields to.
Human nature itself makes more account of Precinct than it
does of Nation. There may be one man in ten thousand, or
even one in one thousand, who in a time of great excitement,
may be willing to give his property or even his life, for his
Nation. But there can be found nearly everywhere, and in
ordinary times without extraordinary excitement, one man in a
hundred, perhaps one in ten, who may be willing, according to
BK - IL PRECINCT. II. VIII.
his means, to deny himself dollars, more or fewer, for the benefit
of his own immediate neighborhood, and even to risk his life for
it if necessary. And even in great sacrifices for national patriot
ism, the motive at bottom often is to please one's friends, neigh
borhood and Social Circle.
Again, we find that the riotous and disorderly, do in fact and
naturally congregate and reside together in small localities, in
which they would not allow orderly citizens to reside in peace ;
we find also that the outcasts and criminals have their localities,
through which it is not only repulsive but dangerous for respect
able, or even respectably dressed persons to pass alone. Why,
then, should not quiet and orderly citizens be encouraged or
allowed to form into localities of their own, and to exclude
others from settlement there, and from all unnecessary in
trusion? or are vice and disorder to be allowed always and
everywhere, systematically to enjoy privileges ever denied to the
virtuous and orderly ?
It is a general doctrine of Swedenborg, a philosopher of rare
insight, that it is the universal Law of Heaven and Hell and
Eternity, that men should continually be striving to find their
exact sympathizers, and will ultimately arrange themselves in
groups and societies, exactly according to the genera and species
of their moral and intellectual characters. And the idea seems
both natural and philosophical. From which it would seem a
proper inference, that the same tendency is justifiable in, and
should be amply provided for, by the laws and arrangements of
earthly society. And this exactly confirms our Precinct-theory.
CHAP. VIII. MORALITY AND RELIGION.
1. In General.
The Precinct-principle is further proved, by its consistency
with the Saviour's maxim to " love thy neighbor as thyself."
The interpretation which some put on the word neighbor, mak
ing it mean all Mankind, is mere jugglery ; for it takes away all
the meaning of the word " neighbor", and therefore takes away
the " point" of the passage. No doubt the ultimate object of
Christianity is, and the result will in a perfect state be, to make
all Mankind love each other as themselves ; but it is hardly fair
to force that interpretation on to every passage in the Bible, nor
MORALITY AND RELIGION.
even upon every passage which says love. The truth of the pas
sage is this, namely, that loving the neighbor as one's self is the
place where this universal love begins, so that if perfect there, it
will gradually work outward through circle after circle, unto all
Mankind. The fact is that this passage is very sociological, for,
being requested to explain it, the Saviour gave the parable of
the good Samaritan, tjie exact point of which is, that persons
living in one Precinct, when traveling in the adjoining one, are
bound to fulfill the duties of charity in distress, even although
the adjoining Precincts be religious enemies to each other. It
seems to be diametrically opposed to burning heretics, at least
when they live in the next Precinct. If you may perhaps burn
them out, you must not go out to burn them.
Another very proper interpretation of our Saviour's maxim
of loving the neighbor, is, that duties are to be performed to the
persons whom we actually meet, and especially whom circum
stances make needy, rather than that we should be filled with
sentimentality, and go hunting over all creation for opportuni
ties to do good. Now, this inward doctrine, when it takes an
outward form, seeks to take some form of the social structure,
and that form is emphatically the Precinct. It would be almost
impossible, otherwise, for men generally to know what to do, or
where to do it.
It is rather a happy accident, if accident it be, that our " con
stitutional" word designating Precinct, namely, the word com-
mon-wealth, should be so very expressive of communism. One
cannot escape the feeling that this is a prophetical anticipation
in language, that the Precinct is the especial container and polit
ical form of communism. The old Roman word republic meant
public affairs, not common-wealth.
2. Unity of Local Enterprises.
The system of small Precincts affords opportunity for re
ligious unity, and success in benevolent enterprises ; and thereby
can be realized the great and truly Christian idea, that all the
Christians of a place are the church of that place. And so long
as men differ widely on doctrines, and on the degrees of their
importance, this desirable result cannot be realized to any con
siderable extent in any other way.
The plan of having all the Christians of a place organized as
184 BK - IL PRECINCT. II. VIII.
the church of that place, gives rise to the practicability of placing
all the benevolent operations in one Precinct, under one arrange
ment of visitations and management ; the advantage of which is
well known to all engaged in benevolent enterprises, both in pre
venting deception, and in promoting virtue, and counteracting
vice and crime.
Perhaps it may not be desirable that each Precinct should be
made up entirely of one religious persuasion at present, nor until
the coming times when Mankind have become so fit, and intel
ligence been so disseminated, as to prevent the dangers. Yet
even now we find that many do get into Precincts consisting
almost exclusively of their own religion or class. As the Cath
olics settle among their churches, also the Quakers, the Chinese
and the colored persons; whilst the aristocracies also get by
themselves in their own neighborhoods, to a considerable extent.
Mr. Ruskin has drawn a beautiful picture of the duties of a
state, and especially of its " moral overseers." But it is evi
dently a picture that is only practicable as yet, by and in such
Precincts as would adopt it, such Precincts being so small that
all persons who " loved darkness rather than light" could readily
move to the places of their choice; or possibly it might be
adopted by general corporations like any of the various Associa
tions. In "Time and Tide," p. 80, he says: "Putting how
ever, all questions of forms and names aside, the thing actually
needing to be done is this, that over every hundred (or some
not much greater number) of the Families composing a Christian
State, there should be appointed an overseer or bishop, to render
account to the State, of the life of every Individual in those
Families, and to have care both of their interest and conduct, to
such an extent as they may be willing to admit, or as their
faults may justify, so that it may be impossible for any pers n,
however humble, to suffer from unknown want, or live in i n-
recognized crime, such help and observance being rendered
without officiousness, either of interference or inquisition (the
limits of both being determined by law) but with the patient
and gentle watchfulness which true Christian pastors now exer
cise over their flocks."
As a remedy for and a prevention of the vice and degrada
tion of cities, some regular plan of visitation might be very efii-
MORALITY AND RELIGION. 135
cient. The great difficulty to be overcome, is the difficulty of
getting the voluntary moral and religious forces of society to
combine, for such a purpose, into one harmonious organization.
But the good of these plans can never be obtained permanently,
only when there is but one religious and benevolent organiza
tion for the same objects in one given locality, which in fact is
the beginning of either our Precinct or our Corporation system.
One of the arguments for our theory is to be found in the
difficulties attending the matter of the Bible and religion in the
public schools, or indeed in schools at all, whether public or pri
vate. This whole question we will endeavor to examine when
we come to Education and Public Schools, under the head of
the Intellectual element of Social Science, only remarking now,
that any religion or non-religion whether Chinese or whatever,
which asks for its own schools or school-fund, in countries where
it has not the rule, ought to be able to show that it grants sepa
rate public schools or school-funds in countries where it has the
rule. But if they cannot do that, why still let us give them
their rights here, and trust to the good effects of justice and to
other means, to correct what seem to us their errors. Provided
however, that no denomination should receive as its share, more
than it contributes to the general fund for the same purpose.
3. Persecution.
The Precinct principle explains the political rights of small
minorities, for instance the Mormons ; and so long as social
distinctions press hard upon women as a sex, so long will any
tribe be politically justifiable which will improve the condition
of woman. And this explains the moral but temporary justifica
tion of " Mormondom." Their political success is explained by
the inalienable right and indestructible power of the Units, and
in particular of the Precinct-unit. As Dixon says, we with
our tremendous majority and ample appliances, revenues, preach
ers and so on, ought to be willing to use and to rely upon moral
and religious influence alone, to convert or reform the Mor
mons; only demanding freedom for our moral influences to
operate there, and for their people to admit those influences. But
more probably, we ought not to demand anything more, than free
dom for all Mormons who desired to, to return to the other parts
of the United States, at the expense of the Mormon Precinct.
18G BK - IL PRECINCT. II. VIII.
Calvin burning Servetus in the little Precinct of Geneva, or
the New England Puritans hanging Quakers in the little colony
of Boston, are very different things, from the king the emperor
or the republic, trying to extirpate heresy throughout all their
dominions. The spirit in the heart of the rulers may be the
same, but the spirit of the people that upholds it is very dif
ferent ; and so . also are the sociological principles involved.
And what, during the Reformation, saved Germany and Swit
zerland so quickly, from long dissensions such as disturbed
France and the British Isles, were their independent Precinct
systems.
Here we must offer an argument which may perhaps not be
popular, but its weight of importance presses it on us. It has
always appeared to the writer, that the old Catholic argument
for persecution of dissenters, has never been fairly answered.
The same argument is used by Mahometans, and even by some
evangelical Protestants. They argue thus, the salvation of the
soul is more important than that of the body, yet nearly all ad
mit, it is justifiable to defend our bodies with mortal weapons,
and to put murderers to death, much more therefore would it
be justifiable to put heretics and infidels to death, whose doc
trines are supposed to kill, not the body only, but the immortal
soul. To this argument, it is no answer to affirm dogmatically
that religion is a province beyond the control of human law, for
that is the very point in question. Nor is that argument ever
practically regarded, when any one religion becomes tremen
dously in excess of all opposing ones, for instance, in the case of
the United States against the Mormons.
But there is a ground upon which this argument for persecu
tion may be thoroughly avoided, namely, by the rights of the
Precinct. Let all who work in religion or morality, to cultivate
practices utterly at variance with the fundamental determination
of their neighbors, remove to localities by themselves, where the
other citizens may feel that their children and Families are safe
from the contaminations of what they conceive to be soul-damn
ing doctrines. This doctrine of Precincts would have saved the
early Christians from persecution by the Jews. Our Saviour
commanded his disciples, saying, " When they persecute you in
one city flee ye to another/ 7 This principle carried out would
TRIBE-RELATIONS. 187
have ultimately driven those Christians into localities by them
selves, where, by their works they could have proven to the
civil governments, that they were not evil-doers ; and, what is
more to the argument, where Rome would have allowed them
their own "cultus," according to her established rules; and when
once the recognition of such a " cultus " had been made by law,
the time would have soon arrived when the Christians would
have been allowed to found their own local Corporations any
where throughout the Roman Empire, mingling with the com
mon citizens in the day, and retiring to their own localities at
night, according to the Roman laws, but all the while deciding
disputes between themselves by their own rules. ,
We have seen something like this, when the persecuted Mora
vian puritans fled to the estates of Zinzendorf and were there
tolerated.
4. Scripture- Type, in the Hebrew Nation.
Here may be placed an argument from the Scriptures, the
divinely authorized example of the Hebrew Nation instituted
by the special authority and care of God. The Hebrew Nation
was divided into tribes, and great care was commanded to be
taken to preserve their distinctness. This authorized example
combines with the type-theory, as elaborated in the Summary
Introduction and other parts of the work, and should (it seems)
be admitted as a precedent. Mulford very properly claims the
authority of the Hebrew precedent for the divine authority of
the Nation, but it is equally as quotable for the divine authority
of the Precinct. Some objections that might seem valid against
this argument will be treated of under the head of " Special
Objections Answered/' at the conclusion of this the second PART
of Precinct. (See Chap. X.)
CHAP. IX. TKIBE-RELATIONS.
1. In General.
Resemblance and sympathy form the chief elements of the
Family circle. And in primitive states of society, the same
similarity of views feelings and interests, in a degree also, takes
place in a whole tribe.
But when we come to a mixed people, one mixed with immi
grants from various countries, of persons of various races and
188 BK - n. PRECINCT, ii. ix.
of the most opposite views of religion and morals, there remains
but one possible method of completely applying the tribe-prin
ciple to the case. And be it remembered, the tribe is a natural
unit of society ; the principle therefore upon which it is founded,
must always exist, and be made fundamental in the constitutions
of government. The only way then, of applying the tribe-
principle, is, by allowing each Individual to select his own tribe;
and each tribe to fix its rules, and to say whom it will receive
and whom not. There must be a plain agreement, either ex
pressed or implied, between Individuals and Precincts, that both
parties are in the main satisfied with each other.
In modern times, the fundamental unit of the tribe-principle,
finds its own first development in material things. We find
men, in all the various classes 01* society, subdividing them
selves spontaneously into social and political and business cir
cles. But until government can understand and embrace this
principle, and legally recognize the tribe-element, it must neces
sarily be a failure, for it ignores one of the essential elements
and one of the essential conditions, of the organization of so
ciety. Here then, two alternatives present themselves. First,
an effort to organize the religious, moral, social and political
circles, into the tribe-unit or tribe-element, by constituting them
with the general powers of government. That this is positively
practicable, and so far desirable as a subsidiary aid, may perhaps
be shown under the head of Corporation. But the main alter
native evidently is the second one, namely, regarding the Pre
cinct-division as the unit or holder of the common government-
powers. For no voluntary circle, unless it occupies its own
territory for itself, can completely answer to the idea of a tribe.
The aim of government, here, is to make both principles unite
into one, to make each Precinct become the voluntary union of
the same circle, or of tw T o or more harmonious circles.
2. Relations to Social Circle.
Laws are necessarily unjust which do not acknowledge and pro
vide for existing facts, and existing grades in society, which are
as distinct as different religions, or different Nations. And among
the facts thus necessary to meet and provide for, one is the Social
Circle. So great is its importance that we have classified it as one
of the Units or fundamental analytical elements of human society.
TRIBE-RELATIONS. 189
The very origin of Tribe was historically a Social Circle,
some particular set of friends voluntarily associating with each
other in preference to others. And as our theory takes the tribe
to be the origin of the Precinct, it follows from the theory, that
the idea of Social Circle is inherent in that of tribe. And when
tribe becomes Precinct, it equally follows from our theory, that
the idea of sociability and Social Circle, must be an eternally
essential idea of the Precinct, not necessarily of every Precinct
in particular, but of the idea in general, and of some in par
ticular.
Reverting again to historical origins, the tribe would not
continue always to be of one Social Circle only. Differences
would arise gradually within the Precinct itself, from various
causes; and then occasionally other persons would join with it
from other Precincts, whose occupation made it mutually agree
able or mutually advantageous to do so. The instincts of Man
kind often produce the co-existence and very near residence in
the same Precinct, of the very richest and the very poorest,
because such are essential to each other constantly. Whilst the
middle classes seek neighborhoods by themselves, despising those
who are below them in the Social Circle, as much as they envy
those who are above them in the same artificial distinctions.
Hence it is possible for more than one Social Circle to exist in
one Precinct ; but not for more than one social set to have the
government thereof: nevertheless an equal arbitration between
all, is possible. But in the matter of the rule of a Precinct,
nothing is more certain than that the rule generally falls to the
control of one Social Circle ; and not only so, but also into the
control' of some one set or clique of that Social Circle. The
instincts of men are constantly exhibiting this tendency. The
aristocracy will seek one neighborhood; the respectable orderly
working people, another ; the rowdies, another. Let the fighters
get together and fight one another; this is the providential
arrangement for the self-cure of these evils. But let good and
orderly citizens, have the control in their own localities.
Tt is not for a moment supposed that Precincts are to consist
of persons necessarily all in the same social equality, but only,
that they should be in a state of mind whereby they would have
the same views of the rights and duties flowing from social dis-
190 BK - IL PRECINCT. II. IX.
tinctions, if any. Neither, that they should all be employees or
all employers; but only that their ideas should be in harmony as
to the mutual rights and duties of employees, no more than that
they should all be either males or females, but that they should
have the same opinions and feelings and habits, as to the relative
duties of Family-life. Thus it is that the question of equal free
dom without disturbing the rights of others, becomes practically,
the equal freedom without disturbing what others have learned
to be their rights, or what they have become fitted to enjoy, up to
that time. Hence, perfect freedom for the Individual, in society, in
practice really means a perfect or indefinite variety of small and
near Precincts, each Precinct in itself as far independent, as is
consistent with the important utilities and rights of the others.
3. Relations to Races, Species, and Breeds.
By our Precinct principle, it becomes possible for different
races to be in separate Precincts, as indeed they are in duty
bound to continue, unless they can live amicably and usefully
together. And where they can thus live amicably, they also
can form Precincts of mutual service, and thus exhibit one of
the Creator's designs in ordaining different races of men, as well
as different races of animals or vegetables. It would of course
be found, that the higher the development of reason in the
superior race, and also the better and higher the moral develop
ments in both races, the more amicably and easily they could
live together, and the more they would voluntarily organize
together. Whereas, the lovers of fine arts and amusements, of
war, and of ignorance, would naturally be found repelling each
other, and forming Precincts each of their own kind. Thus the
great problem of different races co-existing in one Nation, which
is looming up with very unsatisfactory proportions in the United
States, might be easily settled. Europeans, Catholics, Protest
ants, African descendants, Chinese, and Indians, need give no
further theoretical or scientific uneasiness.
The principle is, that these opposites will voluntarily seek each
other for mutual good, as soon as they are fit to live together in
peace and charity ; and will consent to arrange themselves so that
neither can domineer over the other. But until that time comes,
they may either, one be in submission to the other, or else each
seek its own separate neighborly locality voluntarily.
TRIBE-RELATIONS. 191
Small Precincts are required by the Moral and Physical Ad
vantages, of marriages between persons of blood and race not
far distant. Modern researches tend to prove that bodily health
also, is best promoted by inter-marriages of persons not much
further removed from each other, than sufficient to keep clear
from the dangers of marriage within close or traceable degrees
of kindred. Amalgamations between races very different, as
between the whites and blacks in this country, and as between
the English and the Hindoos in India, are said by the Physiolo
gists, almost always to become barren in the third or fourth >"'
generation, and to end the race.
Mankind, when removed to climates very different from their
natural ones, become enfeebled in health, and decrease in fruitful-
ness. But Jews, Gipsies and some others, seem to be less subject
to these influences, apparently because of possessing better consti
tutions ; and this superiority may be owing to their being close
tribes, and answering our theory here in regard to neighborly
marriages. It is admitted that marriages between races of close
resemblance, have been {Productive of some benefits.
The superiority of the English in many respects, is attributed
to the fact of that Nation being a compound of the blood of A
several Nations who in ancient times occupied the Island, and
who yet contribute some of their still separated elements from
Ireland, Scotland, and Wales, and from the isolated retired ham
lets of England itself. And the rapid progress of our country
in so many respects, is attributed by many, to similar causes,
namely, our great intermingling of the blood, not only of the
original British tribes, but also of the various German tribes,
with a little tincture from almost every Nation in Europe. Yet
neither the mingled English nor the Americans are so healthy
as the separate tribes, either morally or physically.
These facts would tend to show, that whilst the intellectual
and material progress may be the results of unions of varieties
that far distinct ; yet that moral progress, and especially phys
ical health, are deteriorated thereby. And this deterioration of
health has become such an alarming phenomenon in this coun
try, that any general principle for its improvement should receive
every possible encouragement.
Among Mankind, as among " other animals," it is necessary
192 BK. II. PRECINCT. II. X.
from time to time to raise new and improved breeds. And dis
tinction and separate development of Precincts, is one method,
and the very best one, to accomplish this end. In improving
the blood of human beings, we cannot of course expect to pro
ceed as with animals, in disregard of the moral conditions and
moral feelings; because these are the most important parts of
human nature. And it is in order to improve these, quite as
much as or more than, to improve any intellectual or physical
characteristics, that it is desirable to produce improved stocks of
human beings at all. And of course, the idea of attempting to
produce this kind of improvement, in a formal, outward or pre
scribed way, is inhuman. But the natural and instinctive oper
ations of our Precinct system, would spontaneously produce some
of the most radical improvements of this kind, that could bo
desired; and that too, by the marriages of persons sufficiently
near alike, who being located near together would spontaneously
and instinctively select each other, better usually than formal
science could advise.
CHAP. X. SPECIAL, OBJECTIONS ANSWERED.
1. Intermingling , Useful in the Past.
It may be objected to our theory of Precincts, that great ad
vantages have followed the past policy of the United States, in
the intermingling of all classes. We answer, that in arguing for
the future, for persons of different religions politics and classes,
to form Precincts by themselves, we must admit that great ad
vantages have accrued in the past, from arranging so that all
intermingled freely, thereby breaking down " caste." We may
even admit that if the balance of advantage is yet in favor of
the present plan, nevertheless we may see, that in many places
we are approaching a class of evils of an opposite kind ; that,
anarchy and irreligion are being established, and parental rights
swept away by the extreme of the intermingling which we in
the United States are accomplishing ; and that we are now just
about the turning point, when, though the intermingling policy
of past years, still may have the benefit of the argument in
thinly settled country places, yet in cities, towns, and even in
thickly settled agricultural and mining regions, the old method
has evidently passed its greatest point of usefulness, and the new
SPECIAL OBJECTIONS ANSWERED. 193
order is absolutely demanded by the balance of influences. In
general therefore we may infer, that the intermingling era is
passing away by tacit but common consent; and that the time
is coming for re-organization.
What is now far more to be guarded against, is the friction of
the different classes or colors, in the same localities. For, the
nearer people are together, the more they hate each other for the
small differences of daily life, as those small differences bring
them into more and more disputation and variance; and conse
quently they are more and more stimulated to and upheld in
those oppositions, by those of the same class or color, than when
apart from the others at their homes or recreations. The case
is the same as with the progress in machinery. At first, fric
tion is not thought of at all ; but in the later and higher devel
opments, the study how to lessen friction, becomes one of the
most important of all, both to the mechanic and to the inventor.
The intermingled modes of life, in mixed Precincts as now
most commonly found, are doubtless unobjectionable, so long as
the friction is but small, and as their citizens can live harmoni
ously together, and retain a good degree of mutual sympathy and
mutual regard for the rights and feelings of their neighbors.
But unfortunately, this is becoming a less and less frequent case.
Pride and tyranny on the one side, and pride and envy on the
other, are stimulating men everywhere into antithetic positions.
Everybody wants to be despotic to his inferiors, " superior to his
equals, and equal to his superiors." Hence a universal deep
undercurrent of discontent. And this gives rise to the neces
sity of allowing persons who are unhappy under their present
conditions,' to form new relations and new residences, upon
principles which seem promising of contentment and peace.
It might be apprehended that the collection in the same locali
ties, of persons of the same character, would produce narrow-
mindedness, and prevent general improvement, as it formerly
has done. But times have much altered. Now the art of
printing, the diffusion of education, the dissemination of public
presses, and the addition of the telegraph, are bringing all parts
of the world into such close acquaintance with each other, that
the old dangers of localization are not to be feared. The union
bet\veen characteristics and ideas of whole peoples, which for-
13
194 BK - II. PRECINCT. II. X.
merly could only be accomplished by union of blood, and mix
ture of tribes, can now be largely fulfilled by the transmission
of ideas, and the spread of cosmopolite sympathies.
Such is the intimacy of distant localities, that merely geo
graphical distinctions alone, in a nation, especially in ours, are
ceasing to be real checks or balances in the working of govern
ment. And since the abolition of slavery, the old geographical
checks are passing away insensibly, leaving no balances in our
government at all, of any value for good ; but rather oppositions
and old enmities, without sufficient moral powers to balance
them.
If however, the time is not yet near for a change of policy
in these respects, or even if our argument against intermingling
be deemed entirely and eternally erroneous, then let it be remem
bered that our proposed Corporation-system, would not interfere
with the usual intermingling, but still would furnish most of the
political advantages of the Precinct-system. See Corporation.
2. Danger of Secession.
If the objection were raised, that the dividing up of a Nation
into Precincts would make the chances of secession easier, we
would reply, that it would have just the opposite effect; and this
would be the case in two entirely different ways. (1) For, the
larger the number of Precincts the Nation was divided into, the
less would be the chances of corrupting Individuals, and obtain
ing their votes by cheating ; for it could not possibly be known
beforehand, which way each Precinct would vote, when there
was such a large number of them ; and therefore it could not
be known which ones to cheat in, or how many. In the late
war, this corrupting and cheating were actually done in several
instances; and states were said to have given majorities for
secession, which had not done so at all, but the true votes had
been concealed and false returns made. It will be seen at once,
that where there is such a large number of Precincts as we pro
pose, the number of Individuals required to give false returns
will be largely increased.
(2) And besides this there is another reason : the more Pre
cincts a Nation is composed of, the less the population of each
will be, and the less the number of voters ; and therefore false
returns would surely be detected, and that being foreknown, they
SPECIAL OBJECTIONS ANSWERED.
would be prevented. For where there is any doubt, the returns
can at once be examined, and every real and authorized voter
can be reached and examined.
The true doctrine of our " American " states" is, that they are
Corporations. This we will endeavor to show under Part III.,
speaking of the relations of Precincts, Cities, and States, to Cor
porations. This shows at once the absurdity of that theory of
state rights, which, involving secession with it, too, viewed those
merely chartered organizations called states, as being the original
sources from which all power was derived, both above and below
them. In their origin too, as colonies, most of them were actually
chartered organizations. But having gradually absorbed from
and robbed, the Precincts, of their natural and proper rights, and
having allowed the growth of the body to dispel the soul out of
one social unit, they aimed next, to suck the soul out of the
other junit, that is, the Nation. The pride that grew up out of
the first usurpations, led directly to the ambition that aimed at
the second.
But now let us ask, will it help the matter any, to transfer
that usurped power from state to Nation, and allow one natural,
element at one end of the scale, to exercise all the powers belong
ing to the other end of the scale ? Whilst the states were lifting
up their heads, there was a superior power over them which they
well knew and feared. But if that superior power itself assumes
their functions, where is the power to check IT ? There is no
human power, but foreign. Hence, let us now return to first
and sound principles, and restore power to Precincts.
Another argument against the danger of secession, is found in
the fact, that adjoining localities generally form spontaneous
political REACTIONS to each other. And as every Precinct is,
by our theory, balanced by its Amalgam with the sum of its
adjoining Precincts, there would generally exist a spontaneous
balancing power to the extreme tendencies of any Precinct in
particular. The most unlike in property, would often go to
gether, namely, the richest and the poorest. And in between
pairs of such Precincts, would generally be intermediate ones for
mechanical purposes, stores, &c., because they would be needed
by the adjoining Precincts. All the Precincts of one kind would
not be formed in contiguity, partly because of business demands,
196 BK - n. PRECINCT, ii. x.
and partly because of the expenses of removal to great distances,
and partly because of the ties of relationship refusing to be
broken by very great distances. No such great diversity of
geographical interests or feelings, could take place, as now exists
between East and West, or between North and South.
The natural tendency of localities to form political reactions
with adjoining localities, may not be easily explained, but is
nevertheless very easily proved to be a fact. For instance, at
the breaking out of the Southern rebellion, the rabid pro-slavery
Eastern Virginia was surrounded by Maryland, Delaware, West
ern Virginia and North Carolina. The rabid pro-slavery South
Carolina was touched' by the staunch old Whig states of North
Carolina and Florida, and only by the moderately pro-slavery
state of Georgia. The fire-eating state of Mississippi was touched
by Whig Louisiana and Tennessee, and by the moderately pro-
slavery Alabama. And the Fame similar general law is found
to hold in the case of the old Whig states, which were sur
rounded by or chiefly touched by rabid pro-slavery sections ; for
instance, South Carolina by North Carolina and Florida, with
moderate Georgia, Louisiana touched by rabid Mississippi and
Texas. Sometimes, however, it is necessary to take two states
or parts of states together, as one locality, to show the effects of
the principle in every case. But enough has been said to show
the principle. It must be remembered that the politics of the
Southern States were very different before the war, from what
they are now : the metaphysical reactions being from pro-slavery
to freedom, of some, and from old union to everlasting grum
bling of the others. The soldiers in rebellion became the sol
diers in submission.
But the principle is, there would be quite as much danger of
civil war between adjoining Precincts, in their reactions against
each other, as there would be of the secession from the Nation,
of Precincts in combination. But now what shall we say :
that our proposed system is liable to BOTH these objections,
namely, civil war between Precincts in some places? and seces
sion of combined Precincts in other places? Or shall we not
say, that both these anticipated evils only COUNTERBALANCE
each other, and thus nullify each other ? Besides, we have the
power of the Amalgams, which would be quite as efficient and
SPECIAL OBJECTIONS ANSWERED. 197
even more efficient, to check riot and to prevent civil war be
tween the Precincts of which an Amalgam was composed, than
they would be in . preventing secession from the Nation. But
now, the simple truth is, that in any case of disorder, whether
towards secession of, or towards intestine war between, Precincts,
every Precinct and every Amalgam of Precincts, would have the
same right to call for support from the Nation, as any state now
has, or as any county now has to call upon its state for aid.
Both Precincts and Amalgams, would have direct recourse to the
aid of the national government; and the complex relations of
the subordinate parts of the Nation, would have nothing what
ever to do with the question, in case of any kind of resort to arms.
Another safeguard in our theory, against any attempt at
secession, is the doctrine already laid down under our general
idea of the Six UNITS, and especially under the head of " Re
bellion of Precincts/' in which place we endeavor to show that
Precincts have no rights of sovereignty, and no other right of
rebellion, than what every living creature has when sufficiently
aggrieved.' The sovereignty of the Precinct is no part of a
theory of six units, any more than that of the Individual, or of
the Family, or of any other of the six.
The real dangers of secession, are not at all in the direction
of formal local subdivision, but in the direction of too rapid in
crease of population, that is, too rapid for our science as yet;
and in too great a diffusion thereof; and in rebellions being fos
tered by foreign Nations, because of our audacious violations of
the laws of Nations, subjects which are treated under the head
of " International law" and in other appropriate places.
3. Confederacy, or Nation ?
There is one objection that may possibly be offered, which, in
its assumptions is so contrary to the whole theory, as scarcely to
deserve mention, and yet it may perhaps be better to anticipate
it directly. The assertion may be made that our theory tends
to produce a confederacy instead of a Nation. Now the answer
to this is, that we have all along maintained, that a part of the
"State" powers must be assigned to the Nation, that our
theory upon the whole, does not increase the totality of the
" State" powers, but only re-arranges them, giving more power
in some respects, but less, in other respects. And as to the mere
198 BK - IL PRECINCT. II. X.
difference in size of the Precincts, although we may say, that as
a tendency of human nature, the larger the size and therefore
the smaller the number, of states, the more their junction has
the appearance of a mere confederacy, and vice-versa; never
theless, size of subdivision's does not affect the principle at all,
and need not be discussed.
4. Objections from the Scriptures.
It has been objected to our theory, by some who attach greater
comparative importance to Nation than to state or Precinct, that
the very frequent use of the word " Nations" in the Scriptures,
in reference to the original inhabitants of the neighborhood of
Judea, is against us. But " Nations" in those cases only mean
what they do when applied to the various tribes of American
Indians,^as for instance, the " Six Nations." But the thing
meant by Nation in these cases, evidently comes much nearer to
our idea of Precinct, than to the thing now meant by Nation as
that word is now understood. And the same is also the case
generally, in the histories of primitive times.
Another objection from the Scriptures might be, that the final
secession of a large part of the Jewish Nation, speaks unfavor
ably for the permanency of tribal Precincts. But this secession
is another argument from Scripture, to the contrary. The He
brew Nation, it is true, was divided into tribes, and great care
was taken to maintain the distinctness and completeness of each
one. But it is also true, that in the course of time, excessive
power became vested in the central government, namely, the
kings, and this did not arise from its nature as a Nation, but
from the ancient absolutism of Eastern feelings and Eastern
Monarchies. But in the original structure of the Hebrew polity,
and after its war-polity under Moses and Joshua ended, the
Nation possessed no physical power or physical organ expressing
its unity. This unity depended exclusively on the moral powers,
especially the moral Corporation of Levi, and the moral power
of the prophets, and the sense of nationality. And these moral
powers had been more efficient in preserving the union, than the
despotic power of the kings was subsequently. In fact, the real
cause of the civil Avar that finally broke up the Hebrew Nation,
was, each party in its turn endeavoring to control the centraliz
ing power, and thus to force its own views and polity upon all
MINING DISTRICTS. 199
the Precincts ; and calling in foreign aid for that purpose. And
to speak more generally, the falling away of the more distant
localities, has always been one of the steps in the decay of states,
Nations, confederacies, and empires.
CHAPTER XI. MINING DISTRICTS.
The general principle of law hitherto has been, that mines of
precious metals belong to the Nation, and that even the sale and
title to land do not naturally alienate the Nation's right to pre
cious minerals. And we know now that all minerals are pre
cious. The principle is good ; Justice to all, as also the historical
troubles in many mining districts, help to confirm the principle.
Mines therefore, like sea-coasts, and like Large Cities, which we
shall treat of in the next chapter, should be amenable to the
Nation directly. Strictly mining districts, if thickly populated,
ought, like " States" and Large Cities, to be considered as double
Corporations, having one of their charters from the Nation itself.
But if thinly populated, they ought to be treated like " territo
ries" not yet admitted to be full State-Precincts, but only pre
paring so to be, and meanwhile be under the control of the
Nation alone.
CITIES.
1. Federative Corporations.
(a) Classifications. When we 'came to the consideration of
large cities, those which according to our limitations of popula
tion would consist* of several Precincts, we were halted for a
long time, unable to decide where to place them. We had long
decided to ignore altogether, what are commonly in America,
called "States," thinking that all their functions could prop
erly be analyzed and divided off, partly to Precinct and partly
to Nation. But the consideration of large cities soon re-opened
the question about ignoring " States," and showed plainly that
they and large cities both, must come under the same closely
related category; the only difference in principle being the
geographical extent of the states, and even this difference being
counteracted in many cases, by the much greater population of
the cities. It was furthermore evident, that states had provi-
200 BK - IL PRECINCT. II. XII.
dentially served to counteract the cities by furnishing a sufficient
country population for that purpose. But still, the doubt was
as unsettled as ever, where to classify BOTH of them.
It was evidently possible according to our theory, to take
two entirely different views of states and large cities. On the
one hand it was possible to consider them as a sort of inter-
preciuct-federations, a sort of inter-national-like federations be
tween Precincts : and on the other hand it was possible to
conceive of them as Corporations chartered by the Nation. A
prolonged inability to decide between these two possibilities, at
last draws us to accept a compromise between them, and we will
call the resultant name Federative Corporation. This compro
mise may be stated thus : States and large cities are SPONTA
NEOUS corporations with DOUBLE charters, one charter from the
Nation above them, and the other charter from the Precincts
below them. There is no more difficulty in conceiving this
thought, than in conceiving the thought of a railroad deriving
its charter from two different states, which is a very frequent
occurrence. But we must remember, that As Corporations they
are spontaneous, and have their right of charter given by nature,
without the artifice or deliberation of man ; and therefore it
would be quite as true an idea to conceive of states and cities,
as confederations of Precincts, duly authorized by the Nation.
The only difficulty is, to see how the old " Colonies" or " Settle
ments/ 7 which previously and historically had been natural and
valid Precincts, 'should have gradually and insensibly lost that
character, and have become Corporations. And furthermore,
some which had at first been actual Corporations, and then
changed into real Precincts, then again gradually changed back
into Corporations, of our present "State" kind. The solution
is to be found in the Tribe-principle. Because Precinct and Cor
poration are two of the elements of the Tribe ; and as has been
previously stated, one of the peculiar traits of all the three ele
ments of the Tribe is, their tendency to and facility of, inter
changing themselves, one for the other. And this very tendency
and facility, are some of the reasons why those three elements
had to be co-ordinated into one in our general theory.
Reasonably therefore, it was deemed best to place this subject
at the end of the treatment of the Precinct. And this was espe-
"STATES" AND LARGE CITIES. 201
cially necessary, because without it, the theory of the Precinct
would be incomplete and unsatisfactory. Nevertheless > we re
tain a place and heading for this subject in the classification
of Corporations, for the satisfaction of those persons who would
prefer the latter place for it. We might perhaps ourself have
preferred CORPORATION as the best place for it, were it not that
that subject, as an element of government, is less familiar to
the reader and much more difficult and complicated in its own
nature ; and therefore it was deemed best to keep it as unen
cumbered as possible.
We say then, all political or governmental organizations or
divisions, superior to the small Precinct, except the Nation, may
be regarded as federative Corporations constituted by the union
of Precincts.
(6) Right of Precincts to form into Federative Corporations.
The necessity for an express charter or legal permission for the
existence of any Corporations, whether financial or political, is
not at all inherent natural or necessary to the matter. This
necessity has arisen under English laws, and because of a lum
bering clumsy artificiality of our laws, which arbitrarily stand
ready to construe a union for any special purpose (except pur
chasing or holding of Real Estate) as an unlimited partnership
for all purposes. In nature, (as indeed ought to be the case in
the law) all voluntary partnerships are limited, which do not
expressly assert the contrary; yet in law, the reverse is the
arbitrary principle. But now, when the voluntary association
becomes greatly co-extensive with any one neighborhood, there
arises a Precinct business interest, and this interest, in the acci
dents of history, was necessitated to obtain charters and become
Corporations, as in the free cities of Europe. And this again,
not because of any inherent necessity, but because these Corpo
rations had arisen among the industrial classes, who were then
serfs, only gradually becoming either free in person, or capable
of holding property or of self-government, and only gradually
asking their rights from the landed and feudal aristocracy. And
thus the charters of these free states, were in a degree, obtaining
freedom, property and self-government, all at once, for such Pre
cincts. Thus it often happens, that an artificial or secondarily
derived Corporation, namely a State or Barony, gives the legal
202 BK - IL PRECIXCT. ii. xii.
status or authority to a natural and original Corporation, by ac
knowledging to it the return, of a measure of the rights to
which it is rightfully entitled by natural principles of justice
and Social Science.
We see there are several kinds of Corporations, commonly" so
called. One kind, the Precinct itself, we do not count as a Cor
poration, but as an eternal spontaneity and natural unit of society.
But those subsidiary Corporations that may be created within its
limits, are our first kind. The other kinds are secondary, con
sisting of those which are more or less outside of the individual
Precinct. Now, our theory regarding the Precincts as the origi
nal elements or units of power, requires us to admit, as of agents,
the equal rights of such Corporations as consist of either two or
more Precincts, and also of such voluntary associations as two or
more of them may incorporate or constitute : We mean the equal
ity of their rights with those of Corporations organized or con
stituted by central national powers, so that these again must at
any rate be classified into a third kind, or tertiary Corporations,
and on entirely different principles from the former two kinds.
And then again, there is a kind of corporation which is, as it
were, a delegate authorized by a delegate, namely a corporation
authorized by a previous yet continuing corporation. Such are
all the corporations which are chartered by those mongrel in
stitutions we call states. For these states themselves, being only
corporations of a peculiar kind, present this singular phenom
enon, of one corporation authorizing and chartering another for
political functions, and also for other businesses. Such are
nearly all the railroads, canals, and business corporations in
the United States. The only powers that ought to pretend to
charter any thing, are the Nation and the small Precincts; and
charters ought to be as easy and as free as partnerships.
If we admit, for states as well as cities, only the status of cor
porations, and not that of fundamental 'instinctive elements or
units of society, we would not undervalue them thereby; because
our theory elevates corporation itself, from the position of a mere
creature of government, to that of a fundamental, although arti
ficial or rational element. By thus elevating the corporation,
we would not degrade the city and state. The thing that our
theory really does affect, is the Precinct, which it raises at one
"STATES" AND LARGE CITIES. 203
bound, from the low position given to it by the low theory of
corporation, to the high position of a fundamental instinctive
unit of society.
(c) Temporary uses of "States." Although the division of
Nations into provinces and states, has no foundation in the
fundamental principles of government; yet, so long as Social
Science is in its infancy, and Mankind so imperfect, the division
is of very high importance as a provisional one for temporary
purposes. For one thing ; a province or state serves providen
tially to counterbalance the large city, by a power that will do
the least evil in proportion to the amount of good ; for there is
no other power that can be proposed for such a counterbalance,
except the Nation. But inasmuch as corruption increases in
direct ratios, to the sum of the population, the size of the coun
try, and the distance of the party governed from the party
governing; but is in the inverse ratio to the restrictions of
power; it is inferable without doubt, that in general, the
national power operating directly as a check to the city, would
be overwhelming, and thus be a worse balancing organ than some
intermediate political power, which should be similar in one of
the two great elements constituting the divisions ; for instance,
similar in population, as it of course could not be similar in
geographical surface. But you may ask, why should surface
have any thing to do with it? We answer, because surface, al
though little for aggression, is every thing for defence; and
because surface scantly occupied, belongs to futurity.
Another use of states, so long as they are maintained, has
been for state prisons, and might be to make punishment-cities
more practicable. In order to form such cities large enough to
be useful, they would need to be the receptacles of the criminals
from many Precincts. And this would require, either, state or
national co-operation, unless indeed it were deemed better to let
the Precincts themselves make special leagues or confederations
for such purposes. But this would require a very high degree
of Christian civilization, to justify it, or to make it successful.
2. Cities equivalent to States, in rights and responsibilities.
One of the foundations for State, in distinction from Precinct
and Nation, is the existence of metropolitan cities, which, states
sometimes claim as the property of the one in which they are
204 BK - ii. PRECINCT, ii. xii.
located. But such a claim is generally spurious, and in the case
of large cities, always so. For instance, the city of Philadelphia
belongs as much in its business relations, and also socially and
financially, to New Jersey and Delaware, in proportion to their
size, as it does to Pennsylvania. Likewise New York City be
longs to New Jersey, Khode Island and Connecticut, as well.
But the fact is, that all these large cities belong to the Nation,
socially and financially. It is the national trade and tariff that
has built these metropolitan cities. It is the trade both domestic
and foreign, of the separate parts of the whole Nation. Hence,
such a city has a better claim on principle, to be an original unit,
that is, a state, than any one of the several United States them
selves. And as long as the mongrel distinctions of State are
kept up, these metropolitan cities ought to claim as a right, that
they should be co-equal states, and no longer subject to the
fleecings and petty tyrannies of state legislatures, but responsible
only and directly to the general government on the one hand,
and to the people who inhabit, and to the Precincts of which
they are composed, on the other hand. But, until government
becomes better, perhaps all these complications are, merely diffi
culties in the way of greater evils. But the plea of a certain
great city, to be elevated into a state, in the midst of a great
war which it had indirectly done much to produce, was not
just. Let it stay, and take its share of its own evils ; and
" never swap horses in crossing a stream."
Cities therefore, especially large ones, should be under the
control of some supervisory larger country power, either of
state, as at present, or rather and especially under the national
government ; because they are morally and metaphysically the
product and property of the whole public, or Nation, and profit
by the Nation's trade and progress pre-eminently.
But besides these things, also their powers over the state, their
ability to sustain taxation, and their special corruptibility, and
the fact of the invariable collection of special wickednesses that
voluntarily flow into them, all require their submission to a
superior agricultural or country power.
And such a submission has its logical justification or basis, in
this, that cities are the offspring of and dependent upon, a large
agricultural or country district, for their very existence.
"STATES" AND LARGE CITIES. 205
It is quite apparent to all thinking persons, that the manner
is grossly unjust, in which, for instance, the Legislatures of New
York and Pennsylvania, tyrannize over their great Metropolises.
It is equally apparent, that it would be productive of immense
evil, to allow New York City to begin now to govern itself, and,
that the government would be administered in the interests of
the lawless and disorderly. In fact, the legislative aid of the
state has been invoked by the order-loving citizens, to preserve
their city from evil ; although the case is different in Pennsyl
vania. Hence we see that neither the state nor the city itself,
can be trusted to govern a metropolitan city. That the national
government could not be trusted with the internal administration
of such a city, is evidenced by the mal-administration of Wash
ington City for many years.
The only alleviation is, to have the city divided into a large
number of small Precincts, each of which shall have its own
internal newly apportioned state rights, and each be responsible
to the general government, by itself. Then the Precincts that
would allow the disorderly to rule, would soon be forsaken by the
orderly and peace-loving citizens, who would naturally fall into
Precincts by themselves ; and the disorderly and riotous might
perhaps murder and fight one another to their hearts' content, so
long as they did not interfere with their neighboring peaceable
Precincts, nor with migrating out of them, nor the transit
through them ; as, in that case they would come under the
defence and military possession of the National or General
Government, the same as any other Eebels.
The experiment of allowing the "state" governments to con
trol the affairs, and alter the charters, of large cities at will, has
been tried and found wanting and abandoned, both in Pennsyl
vania and New York. A state should have no more right to
prescribe the width, direction or other circumstances, of the ordi
nary streets or City-Rail-Ways &c., IN the city, than the general
government itself.
On the other hand, any particular neighborhood or township,
has as good a right to say, whether it will support any religion,
whether it will allow Sunday travel, (of course except the travel
under government sanction of the larger district or province, for
instance the Mail), what the conditions of Divorce of its own
206 BK - IL PRECINCT. II. xii.
citizens, and whether it will license liquor or brothels, and
whether it will make all real estate return to a general fund,
(of course compensating all the present holders), and what com
munistic or other moral experiments may be allowed : Each
neighborhood has the same political right to do these things for
itself, under certain restrictions, as the state itself is now allowed
to have ; and with the new apportionment and balances of power ;
more right. The business of a "state" is not arrogantly to
assume all these rights to itself, but only to prescribe and define
the reasonable limits, within which, each neighborhood and town
ship and county may regulate these matters for themselves.
This theory, it will be seen, claims for neighborhoods, many
rights which the advocates of ultra-individual liberty, claim for
the Individual, and is thus a compromise between theories that
hitherto have seemed to be in radical opposition. It is also a
compromise in various other respects. And here a word might
be dropped quietly in the ear of the new society advocating God
and religion, &c., in the national constitution. Supposing for
argument's sake that they are right from their stand-point, as to
their religious principles, and as to the general idea of the rela
tion between religion and government; still they fail .entirely to
discriminate between the Precinct and the Nation, as organs of
accomplishing the Divine will in government. And the same
want of discrimination seems to be made by their opponents,
whether high church or non-church men, of whatever affilia
tion.
In cities, the close proximity of the population of many Pre
cincts, without any geographical lines' or distances between them,
constitutes their chief peculiarity : thus, the peculiar functions
of cities require the putting forth of new organs. And the idea
that sums up all these organs, under which they must classify
themselves, is, special organizations of all these small Precincts,
of which they are composed. Besides being divided into small
Precincts, the same as said above, the special organization of the
whole city should have special powers, the exact limits of which
are not easy to give fully, until after some experience shall have
been had, and further study given to its details. Nor is it neces
sary to discover all the details of a plan, before perceiving the
utility in general of the plan itself.
"STATES" AND LARGE CITIES. 207
A consolidated municipal Police and Board of Health would
at least be necessary ; whilst the Fire Department and Boards
of Trade, Water and Gas, might be either municipal powers, or
special corporations. Probably the city government might be
best accomplished by an equal number of rulers, chosen partly
according to its own general municipal principles and by its
own members ; and partly by the state, so long as such mongrels
as our states are tolerated, or instead thereof, by the national
government. This is proposed as a constitution for the general
city power ; and of course is not intended to disturb the Precinct-
powers, reserved to each of the many small Precincts which the
city is to be considered as consisting of.
We need not depend on theory alone for the settlement of
these questions, but on actual experiment. The city of Phila
delphia, for 150 years, that is from its origin until about the
year 1850, consisted of several distinct corporations or boroughs,
as distinct as Philadelphia is from Pittsburg. Afterwards they
became consolidated into one corporation, and that experiment
has been tried for fifteen or twenty years. The subsequent
amount of corruption and destruction of private rights, clearly
proves that the larger the political organization, the more cor
rupt it becomes. The only objection to the old organization of
independent boroughs, was the facility which it gave for rowdies
and criminals to escape from one borough into another. But
after suffering for many years, the boroughs adopted an organ
ization of consolidated police, and this effectually corrected the
evil. The city had not been governed nearly so well for twenty
years before, and has never been better governed since. Although
Mayor Henry did as well as mortal could do. This consolida
tion of police, cured the evil ; and is one illustration, among
many that might be given, why Precincts with state-powers,
should be allowed to form special leagues with each other.
Another instance is the city of London, which, during all
the hundreds of years of its existence, and to this day, although
the largest city in the world, consists of a number of distinct
and separate corporate boroughs.
3. Special Needs in Large Cities.
(a) In General. Cities are entirely an artificial product, and
city life is not entirely an instinctive one ; therefore men, like
208 BK - IL PRECINCT, n. XIL
animals when out of their instinctive life, are unable to help
themselves by their unaided ordinary instinctive powers. Cities
therefore require a high degree of social science. Yet Spencer
makes no radical allowance for city organization. His theory
will not answer for " Corporations." He requires such a per
sistent adherence to the " let alone" doctrine, as to advise even
that the streets should be allowed to become foul, until by pro
ducing diseases and annoyances, and affecting the prices of Real
Estate, and the standard of the neighborhood, capitalists may
ultimately be induced to form voluntary corporations for the
purpose of cleaning them, without the aid or prompting of the
city government.
Up to a certain point of size, cities or towns improve the
health and morality of Mankind. Just in proportion as men
get nearer together, their intercourse becomes more frequent, and
general intelligence increases. Brought together for business or
occupation, they yet derive, incidentally, other and very different
advantages, from the very frequent intercourse of social life,
increased opportunities and inducements for intellectual and
moral culture, and for religious exercises. The very fact itself
of a larger circle of personal acquaintances, contributes to the
general improvement of the inhabitants.
Nevertheless, it must be deeply felt by every practical social
scientist, that large cities present many features requiring special
treatment, and produce many special vices dangers and suffer
ings, difficult to cope with successfully, by any treatment yet
imagined. Statistics drawn from some of the old cities of
Europe show, that the population actually dies out every few
(say six or seven) generations, and that they are sustained only
by the influx of new blood and new persons from the country.
This course of things shows there is something radically wrong,
either in city life itself, or in the lack of discovery as yet of the
true principles of city government. We shall have occasion to
examine into this matter at some length, under the heads of
" Health" and " Life." At present, all we can delay to con
sider is, the relation of this subject to our Precinct-theory,
namely, to constituting cities into small Precincts for their polit
ical administration. We may remark then, that all the general
arguments for our theory are, like everything else, intensified,
"STATES" AND LARGE CITIES. 209
when applied to large cities. \Ve may also remark that the
growth of very large cities ought to be discouraged ; and their
connection with the whole national power, might tend in that
direction; but that "state" powers foster the LARGE cities. Be
cause no state has more than one such, and therefore encourages
concentration ; but the national policy would be, as it generally
has been, to encourage the dissemination of population. In
fact, the function of new cities is just as much a part of our
national policy, as the settlement of new farms.
(b) Residences and Occupations too far Apart. Next, coming
to the special arguments ; the great political object is to induce
citizens to reside within the Precincts where their occupation
lies. To this end the following reasons may be given. Yet the
great remedy is the Precinct-system. Minor remedies may come
up under " Civil Government." But at present all we can do,
is to give some reasons or arguments for this uniting of resi
dences and occupations in near neighborhood.
(1) Under the present scattering system, the number of in
habitants becomes so great, and the Individual persons so fluc
tuating, that the citizens become less and less watchers or critics
of one another, whether for preventing wrong doing, or for
arresting criminals. Then the criminals can find hiding places
in obscure lanes and bye- ways, and under the cover of acquaint
ances whose occupations are unknown ; then morality begins to
deteriorate, temptations increase, and the powers of counterac
tion proportionately decrease. (2) Another point of decrease
of honor and general morality in cities, is reached, when their
residents in large numbers become so fashionable or so enfeebled
in health, that they must remove their residences to some dif
ferent and distant parts of the city, from those in which they
fulfill their daily Occupations. This works badly in several
ways. In one way, it has a similar eifect to increasing the tran
sient and fluctuating part of the population ; it gives each resi
dent so much less time and so much less interest in the
neighborhoods, both of his residence and his occupation. Fur
thermore, some of the best hours of the day are lost in the
travel to and fro. (3) The head of the house is absent from
his home, when he may be wanted in case of family disputes,
and, needed correction of children. The women become more
14
210 BK. II. PRECINCT. II. XII.
and more given to trifling; the sanctity of marriage is more and
more endangered. All the better feelings of family life are
more and more interrupted. (4) Another way in which this
increasing size and incidental residence, distant from the places of
occupation, does injury, is, that the business districts, after being
forsaken as abodes by those who ought to continue near or in
them, often become occupied by the lowest classes of society,
in that interim between the time of their being aristocratic
enough for residences, and the time of their becoming wanted
for grand stores and offices. A large Precinct of this kind, con
taining the largest portion of the city's wealth, will sometimes
be inhabited chiefly by Individuals who have neither property,
reputation, nor permanent residence in the locality. Our Pre
cinct-theory would not at all apply to such cases. To prevent
the political and party evils arising from these causes, the wards
in Philadelphia are often found divided so as to be, say, two
miles long, and only one-eighth of a mile wide ; which is a vio
lation of the first principles of the geography of the Precinct-
system, and increases the social and moral evils working at the
bottom.
(c) Growth of Cities too Rapid for Social Science. The evils in
large cities may be classified according to two principles of sepa
ration. One, according to their origin, as physical, metaphysical,
and moral, the other according to their degree of permanence
into removable, and irremovable, or as the New York Council
of Hygiene, in regard only to physical health, says, " prevent
able/' and " not preventable." But after all, the classification
of removable or irremovable, is very defective for Social Science,
in the question regarding the size of cities; because size itself has
all imperceptible degrees, and because the relation of size is com
plicated again with, and ever varies with the capacity of Social
Science to cope with the subject.
It must be admitted, that the tendency of men to concentrate
in cities, has ever been in advance of the morality and the sci
ences that are necessary to govern them. So that even under
despotic governments, they become pests morally and socially;
whilst in republics, in addition to these evils, there are the evils
of riot and mob-ocracy. Hence, one of the necessary methods
of preventing the evils is, checking the growth itself, until social
"STATES" AND LARGE CITIES. 211
and political science can come nearer to catching up with the
evils. Hence then, it becomes prudent to discourage the too
rapid influx of human beings into ONE locality. And this is
best effected, in the usual and most approved manner of social
retardments, especially by direct taxes, and sufficient in amount
to effect the objects aimed at,
Accordingly, taxes should be imposed in cities on the male
population over the age of 18. Also, a tax per acre on the
amount of ground built upon, not counting the yards or areas
not built upon. Also a tax per cubic foot of all buildings, except
residences of small tenants ; tax to be paid by the owner. Also
a tax on all living expenditures over certain specified amounts
per person of any age ; tax to be paid by the head of the Family.
These extra taxes should be commanded, and their total Precinct
amounts, or else their percentages, should be specified in general,
by the government of the state or Nation ; but the PROCEEDS
should be collected and expended by the Amalgam of the city
Precincts, and be expended solely for the physical and moral
improvement of the city itself, and be fairly apportioned to
each Precinct therein, instead of, for instance, on the principle
of having all in one grand park, and that perhaps, 3 or 4 miles
from the city's centre where fresh air is most needed. Further
more, all private persons who have open lots duly planted,
should be accounted benefactors, and so much of their lots as
were thus planted, should be exempt from all taxation.
In these and all other possible ways, the rules and expenditures
which tended DIRECTLY to discourage the increase of the city,
should INCIDENTALLY tend to make it more healthy and more
moral. But there are so many evils to be counteracted, that only
faithful and long continued experiments, can prove what are the
best methods of counteraction.
One of the most important views of the advantages of small
Precincts, will be found in connection with cities : because the
advantages of the system will be most apparent among them;
both because there is the most need for this principle of sub
division, and also because, by the facility of removals, the plan
would the more easily be put into actual operation. Indeed,
perhaps cities are the places appointed by Providence, for the
trial of most kinds of practical " experiments ;" for therein
212 BK. II. PRECINCT. II. XII.
the results become quickly visible to a multitude of " ob
servers."
(d) Plan of treating Fallen Districts. Here is a plan for bene-
fitting Five Points, Bedford street, Sink, and other such places,
and is a sort of exception to other general rules.
A Precinct of this kind, would bear a somewhat similar rela
tion to the city, that a city now under the old theory, bears to the
state, which in fact is somewhat similar in principle, to what a
conquered province bears to the conquering country, after the
return to a condition of settled peace. It is a kind of absolute
dependence of the smaller upon the greater; exercised partly
for the good of the province itself, and partly for the good of the
whole. The fall of any Precinct into the condition of a rendez
vous for social outcasts, must be regarded as in principle, a sort
of rebellion against the general city, however sincere, however
mistaken, however ill-treated, tke rebels may be, or conceive
themselves to be. But on the other hand, as these kinds of
rebels have the right to live, the rebellion must be treated rather
as one by a Locality, than as one by Individuals. It is a rebel
lion whose essence consists, not in violence against human wills,
nor in warring against the citizens generally; but rather as a
taking away of the public land. The world's plan is, to turn
the poor creatures out of doors, every once in a while, to please
fanatical zeal.
Our plan is as follows.
Let the neighborhood within prescribed limits, be legally con
stituted, separately, into a Reformatory Precinct under the imme
diate control of some sufficiently general and superior power.
This would naturally draw many respectable people out of it.
These should be compensated, in all cases where the law is
applied, either suddenly or soon after the time of the enactment
thereof. Constituting the locality into a Reformatory Precinct,
would give special powers to make special regulations binding on
property holders, to keep the places decently clean and healthy.
The power of the municipal government, when fully applied,
should, extend to confining the residents within the Precinct. But
not to exclude honest citizens, having known and visibly honest
means of support &c. from entering and returning. Special per
mits might be given to the most deserving and improving resi-
APPROXIMATION BY CHARTERS. 213
dents, to go out to work, or to gather fragments. It should also
prevent any other persons from moving into it, to reside therein.
Stations of work, and of gratuitous supply of the absolute neces
saries of life, should be located there. All spirituous liquors
should be kept out, and dram shops closed up therein. The
women . and children should be specially cared for, with more
minor comforts than the men. Schools for teaching, not only
the rudiments of reading, writing, arithmetic &c.; but also for
teaching the common sense principles of success in every day
life, the principal motives and uses for common self-control,
common morality, and the rudiments of responsibility and grati
tude to God and man; as enforced by suffering and as taught by
nature. Free encouragement should be given to the various
religious missions, to maintain their good works ; and suitable
buildings or rooms should be furnished to them by the city,
without charge. A small prison should be arranged within the
Precinct itself, and a special police arrangement to suit the
peculiar people. Small sums of money should be given to them
as rewards. A portion of the houses should be taken to supply
free lodgings of the plainest kind, sexes apart. Also free medi
cal attention and medicines, and as many things free as possible,
but under advices as to what and when.
But this subject runs into that about the Punishment-Cities,
which are to be considered under the head of Government. The
chief difference is, that criminals and all who cannot pretty fully
clear themselves of suspicion of felony and similar offences,
should be carefully and thoroughly excluded, even from occasional
entrance anywhere within the bounds of these "fallen districts;"
The entire separation of professional criminals from openly fallen
women, is one of the only means of either, detecting, punishing,
or preventing general crimes; as well as a necessary means of
preserving or restoring the women and their children. Nor is it
socially just, to confuse the open sexual immorality of women,
with the secret crimes of felony. And as to the 'deeper moral
and religious questions involved, this is not the part of the sci
ence in which to consider them.
214 BK - n. PRECINCT, in. i.
PART III.
CONCLUSION OF THE PRECINCT: PARTIAL
APPLICABILITY BY CHARTERS.
CHAP. I. IN GENERAL.
It seems an appropriate method whereby to conclude both this
whole article on the Precinct, and also this part about the rela
tions of states and cities to Corporations, to introduce a topic,
which although entirely different from either of them, and from
our whole theory of the Precinct, yet nevertheless has no other
so proper a place in the work, and yet has much intrinsic and
PRACTICAL importance, namely, the- topic of how far, and by
what principles, the general advantages of our theory of the
Precinct, could be realized by one or more Precincts, by means
of charters merely, and not upon grounds of general rights ; and
without an alteration of the constitution of the Nation, although
they might involve an alteration of the constitution of the par
ticular state. Because, there are late decisions in Pennsylvania,
that "the state legislature cannot delegate to the people the
power to enact laws." But of course this is only a dodge of the
" legists" for the charters of all boroughs and cities, involve the
right of those corporations to make certain kinds of laws. And
if they can delegate to the borough, why not also delegate to the
people of a " ward" ?
This topic to be sure, might be postponed to CORPORATION.
If so, it would come under the head of corporations exercising
governmental and political functions; and under the lower or
derivative order, exercising functions under present govern
ments, and under the subdivision, for general functions. But
the reservation of this topic to that element of society, would in
terfere too much with the very general abstract and theoretical
mode of thought there pursued.
In general we may remark, that persons who cannot receive
the PRECiNCT-theory in the fullness of foundation we give to it,
may probably be able to admit the rights, as grants from a supe
rior power. This would be, in effect, to rank Precincts as Corpo
rations, in which case, nearly our whole argument on freedom of
Corporations, would become a part of the Precinct argument, and
BY CHARTERS FROM THE NATION. 215
would counterbalance, by extent, what was lost in the depth, of
the foundation. But we have aimed to place the rights of Pre
cincts upon more durable reasons, regarding as we do, Precincts
to be spontaneous and instinctive units of society, with inaliena
ble rights, concurrent with the rights of all the other units, Indi
vidual, Family, Nation, <fcc. But after all, it is not so important
now, and practically, what grounds we place the rights upon, as
it is, how Extensive we will grant those rights shall be.
CHAP. II. BY CHARTERS FROM THE NATION.
The simplest and best method would be, by charters from the
Nation itself. But this could not be constitutionally effective
within the limits of already existing and completed " states/ 7 un
less by their consent. The general government alone, could only
furnish such charters for its " territories," or such parts of them
as it chose so to do. But of course, no such charter could convey
any more power, than what the general government might convey
to any other of its " new states." These powers would be more
ample, however, than any yet conveyed to a new state. But no
thoroughly ample grants could be given by charter, even by the
Nation, without a previous alteration of ITS " constitution."
In " old states," even granting ample charters to Precincts
within them, considerable facilities would be obtained by the
grant of charters from the general government also ; so that each
Precinct would thus have two charters.
If charters were given by the Nation, whether alone or con
currently, the principles hereinafter mentioned, would most gen
erally apply with equal suitability.
There are some objects, which, for their complete attainment,
or even for their satisfactory trial, would require the subsequent
co-operation of the national government, for instance, Peace-
Precincts. And the United States government should be peti
tioned to excuse such Peace-Precincts from all military burdens,
both personal and financial. The United States government should
also be petitioned to confirm the relief of some of the Precincts,
by amendments of the national constitution, so as to make their
privileges more permanent, and their independence more real,
somewhat like the Free Cities of Germany, which having been
established even in the Middle Ages, still preserve their free-
2] 6 BK - IL PRECINCT. III. III.
dom, and give us specimens of .the best, happiest, and most
effectual governments in the world.
Even Russia had granted such freedom many years ago, to a
large peace settlement of protestant Mennonites ; but lately re
voked it. This drove the Mennonites to emigrate to the United
States, whereupon the Russian government restored the grant.
But grants revocable at will, will not answer, nor anything less
than irrevocable charters. Consequently the Russian Mennon
ites still continue their emigration into this country. They are
slightly communists, as they hold their pasture lands in com
mon, and perhaps some other things. They had a difficulty in
finding suitable lands. For the United States government, with
its all extravagant waste of public lands, has no method it seems,
to encourage settlements either in joint or in common ownership.
It has lands for Mormons, and " squatters," and reservations for
Indians, but not for communes, until paid for in severalty.
CHAP. III. BY CHARTERS FROM A
SUGGESTIONS.
Here we are to consider how near an approximation could be
made to our Precinct-system, by any one " State/ 7 without any
alteration either of the constitution or laws of the Nation.
If nothing better nor more can be done, it would be something
at least, if each state would give to its townships or smallest
Precincts, at least the county powers of sheriffs, &c. Because, a
very general and thorough diminution of the size of counties,
even without any radical increase of the powers, would be a first
step towards the proposed new order; yet as it would not pro
vide compensations for removals, it would lack one of the ad
vantages of the more radical plan.
It is certain however, that any State might give to any one, or
a few adjoining Precincts, a charter so as to embody the princi
ples herein set forth, as an experiment. And the experiment
might be made with such limitations, either of time or s|)ace, as
would avoid running excessive risks by untried plans.
Of course any change should be made gradually, and have a
few years of notice, that all persons might remove to the dis
trict of their choice, who were not satisfied with the ruling ma
jorities or powers in their own Precinct. Another feature in
CONSTITUTION OF THE UNITED STATES. 217
the starting of this plan is, that no Precinct should be forced
into this arrangement. But each one should have the choice,
to take its Precinct-freedom, or to remain under the old state-
machinery, as some perhaps would do at first; the main idea
being, to increase freedom, not to diminish it.
CHAP. IV. THE CONSTITUTION OF THE UNITED STATES AS A
FORMAL BASIS FOB A "STATE."
1. In General.
In order to put the proposed theory in operation in the
United States, it would not need to be adopted by the general
government at first ; for it is practicable for each state itself to
make an experimental approximation to the general idea. To pro
duce this change, all that would be required would be, first,. for
any state to adopt the constitution of the United States for its
own state-constitution, substituting therein the words " state," or
"each state," for "United States;" and "Governor" for "Presi
dent;" and instead of "Governors," the word "Sheriffs:" also,
to use some reasonable precaution against local oppression; and
to make a few other verbal alterations which would obviously be
necessary. And second, to provide by general law, to allow any
city or borough which would accept the alteration, to accept the
constitution of the United States, as its borough charter, with a
few obvious and necessary restrictions; or the same might be
granted to separate Precincts severally. And to make the matter
more plain, the following suggestions are offered; showing how
any one or more states might give to any one (or more) county
or township within it, such an enlarged charter, as would enable
any such Precinct to exercise generally the powers which the
state itself now has, but with such exceptions as will presently
be mentioned. Or the state, by general law, or alteration of its
" constitution" affecting all its Precincts or townships, might so
enact and provide. The idea is, that each Precinct should have
the same powers in relation to the state, that each individual
state now has, in relation to the Nation, under the constitution of
the United States : with the exceptions now to be mentioned.
2. Exceptions.
The exceptions or reservations to the state, of its present
powers, might all be comprised in general, under the following
five classes.
218 BK. II. PRECINCT. III. IV.
(a) Excepting: Limitations of Time. If the means whereby
the change was effected, were charters incorporating Precincts,
the charters need not be perpetual, but might be made either for
a limited time, or else revocable at any time by a prescribed
amount of majority of the voters of the state. But if the means
were a general law, it would naturally be revocable by the state,
the same as any other law ; nevertheless, some definite amount
of majority should be prescribed, under which the law should
not be revocable ; or rather, the means of the alteration should
be what is commonly called an alteration of the constitution of
the state.
(b) Excepting : that no property-qualification should be re
quired of voters, for any $tae-representative or officer. This
exception is necessary to guard against anticipated logical objec
tions, rather than to accomplish the general system of the theory.
(c) Excepting: all matters relating to the government of the
individual state in its totality, and in its relations to the Nation.
For, its state government would need to be continued, both for the
sake of its own general internal affairs, and also for the sake of
its relations to the Nation.
Of course, in our plan, when adopted by all the Precincts of
any State, the old state-machinery would be largely reduced in
number; and the business of those officers that remained, would
also be vastly reduced. The only absolute necessity for retaining
the state-organization at all, would be to maintain and fulfill its
relations to the general government, that is the Nation. But if
the main object cannot be accomplished throughout a whole state,
and if only a few scattered Precincts, or perhaps only one, could
get such a charter, then, instead of adjoining Precincts in every
Amalgam, having equal power in the election of the Precincts'
officers, the state itself might have to retain those powers also.
(d) Excepting : those few particulars wherein our proposed
system differs essentially from that of the United States, in the
apportionment of powers. These items have been already men
tioned in a former part of this article, where we drew a com
parison between the two systems. Accordingly, the state might
give by charter to its individual Precincts, and to their Amal
gams, all the rights which itself possessed ..; but it could not give
those which the Nation ought to give : and it would be folly for
DIRECT FORMS OF CHARTER. 219
it to give to the Nation, the rights which, under a perfect system,
should return to the Nation, because there are other rights which
ought then to be returned from the Ration to the Precinct, which
yet the state has no power to take. Hence, the rights which, in
the former comparison were assigned to the Nation, should be
retained by the states, under the plan of state-corporations here
suggested; otherwise the Nation would or might acquire more
than its share of power in the alteration.
(e) Excepting : all aifairs and officers having relations to, and
representatives to or in, the government of the United States.
No alterations of these relations and officers can be made, without
the consent of the United States government. That, although
desirable, has already been considered. But it would be a higher
alteration than we are now considering, as required by the very
nature of the plan by state-corporations, and for separate state-
adoption.
CHAP. V. SIMPLE AND DIRECT FORM OF CHARTER FROM A
"STATE."
A still better method of charter, (for experiment) than the
adaptation of the constitution of the United States, would be,
to grant a charter expressing directly, a complete but brief out
line of what the Precinct rights ought to be, with the usual
reservation, "so far as the same does not conflict with the con
stitution or laws of the United States." A form of charter of
this kind, adopted by any state subdividing itself into small
localities, and by amendment to its state constitution, would
aiford the most direct and most satisfactory experiment that is
possible, without the direct co-operation of the Nation revising
its own constitution.
AYhat would be wanted would be, not a huge volume ot
interminable details; but a real "magna charta," a simple "bill
of rights," a charter with little words, but big ideas.
However, this whole subject of chartering Precincts by
"States," is only incidental, and is no essential part of the
theory of the Precinct.
In conclusion. We now leave this theory to the reader's
careful consideration; if it shall seem to him to deserve it.
BOOK III.
THE "NATION".
PART I.
THE NATION AS A FUNDAMENTAL ELEMENT.
CHAP. I. PRELIMINAEIES.
THE Nation is the FIFTH Unit or fundamental Element of
society, as determined in our Analytics. So much however, is
said of this topic by other writers, that comparatively little
remains for us. And according to our theory, its proportionate
importance is over-estimated by most other writers. In a true
analysis, some part of what is usually attributed to it belongs to
Mankind, and another part belongs to Precinct, and another to
Corporation ; so that only a fourth, is its real place. We have
Precinct on the one side, Corporation on the other, and Man
kind above it. The internal affairs of Nation, we consider
mostly under the heads of Precinct and Corporation and " Civil
Government;" the higher external affairs we consider partly,
under the head of Mankind, including Nation as of course one
of its fundamental elements. Hence, in this article we have
comparatively rather to consider the theoretically lower or inter
mediate affairs, commonly called international law, but in a wider
sense than usual.
In fact, one of the great works which Social Science has to
accomplish, is to analyze into its real elements, what is called
" The .Law of Nations," and thus to appropriate to each depart
ment, its appropriate share. For the custom has been, to collect
under this term all the general principles of law, and even of
human rights, which seem to have no more suitable place in the
field of thought. Thus in the Roman law, the phrase, authority
right or law, of Nations, (jus gentium), generally was used to
express that sense of right which is common to most or to all
220
PRELIMINARY TO THIS UNIT. 221
men, and which is in conformity to common instinct and reason,
and which is called by us the law of nature. Such a combina
tion is all very well in an address by " counsel," but is not
exactly the true course for a scientific work. The absolute law
of right, the relative rights of established usage, the law of God,
the modifications by voluntary contract, all ought to be some
what considered, in the treatment of any branch of practical
morals, or of applied law ; but yet, properly belong to a more
general and higher department of thought, than any one of
them. Thus also we may take Grotius' sources of international,
and generalize them as the true foundations of all law, namely,
nature's law, divine law, custom, and compact : and in both
departments, custom and compact may be put together, and
again generalized into, " Consent/ 7 as we do in II. I. 2, of this
article.
Interesting also are the questions, how far voluntary contracts
or agreements modify, what otherwise would be natural laws, or
God's law. For instance ; is it right to use explosive bullets in a
war between Nations who agree to do so ? And is it right for
human beings to marry for a limited time, even if they agree to
do so ? And is it right for Nations or Individuals to lie, cheat
and steal, even if all sides agree to do so? But .if not, then
how would that decision affect the question of war at all, or of
the methods of conducting war? But these questions belong
rather to Moral Philosophy and to Theology.
One of the evils of so confusing Law and Right in general,
with international law, has been to pervert universal principles,
partly in favor of war, and partly to indulge Nations with privi
leges to do wrong. For, until the last few years, perhaps we
may say until the work of Mr. Field, the law of Nations has
been chiefly occupied with matters about war, providing for, or
conducting, or concluding it. Thus, pharisaically strict rules of
non-resistance, have been taught as if they were eternal princi
ples obligatory on Individuals and Provinces &c. ; whilst war at
the same time has been held forth, as if it were very wise and
good between Nations; nay as if it were their most glorious
achievement. Accordingly, the claims of Nation over Indi
vidual, have been stretched to a tension beyond common sense,
chiefly to justify the claims of Nations on their citizens, for war-
222 BK - IIL NATIOX. i. i.
services and for war-taxes, and for the forcible collection of ex
cessive internal taxes even in time of peace. In fact, nearly all
the old despotic notions about the divine right of kings, have
passed down into modern Society, transmigrated into the idea of
the divine and UNLIMITED right of Nation ; together with abso
lution from all sin (in advance) or even the other royal doc
trine transmigrated, namely, the Nation can do no wrong. In
such a fog, there can neither be a true Moral Philosophy, nor a
true Theology.
The ready susceptibility of the usual ideas on the Law of
Nations, to higher generalizations, will appear also from the
follo.wing extract from Appletons' Cyclopedia, on this subject.
"It was the object of Grotius to show that Nations are gov
erned by a law distinct from the natural law, to wit, by a code
or body of rules, founded indeed in the law of nature, but pro
ceeding immediately from universal consent. ' Those right
deductions/ he says, ( which proceed from the principles of
reason, point to the law of nature, while those which proceed
from common consent, proceed from the law of Nations.' Puf-
fendorf rejected the distinction which Grotius had drawn, be
tween the law of nature and the law of Nations; he denied
that the latter was founded upon express consent, but considered
it merely the law of nature applied to Nations." Both sides
admitted, that, as "aggregate bodies of Individuals, Nations
must be in some degree subject to the law of nature," from
which we may, with Wolf and Hobbes, properly maintain " that,
in their collective capacity, Nations acquire a new character and
being, different from that of the Individuals of whom they are
composed; therefore in its applications to societies of men, the
law of nature must undergo some changes and modifications,
and thus is derived the voluntary law of Nations."
Thus do these writers dimly and confusedly anticipate the
idea of Nation as a Great Social Unit ; but only of IT, ISOLATED,
and not as one of several Units. But modern Science is disin
tegrating these conglomerations, and out of them we may hope to
see differentiated, three different degrees and grades of thought,
and three different branches of study, namely ; One, of the
Nation as one of the several Units of Society : The Second,
The (higher or real) Law of Nations, that is, that law of nature,
EIGHTS AS ONE OF THE SEVEN. 223
which consists of the principles which every civilized Nation is
presupposed to hold in common, and to be applicable to affairs
ivithin as well as outward of itself: And the Third, what is
now called Law of Nations ; but which should then simply be
called International Law.
CHAP. II. RIGHTS OF THE NATION IN RELATION TO THE
OTHER ELEMENTS.
1. Eights in General.
It is generally admitted, that in all their legitimate organiza
tions Mankind have, in their collective capacities, rights which
they do not possess as Individuals. This admission seems to
be an indistinct anticipation, that society consists of a plurality
of Units, each of which has its own peculiar rights. But un
fortunately, those writers who have taken this ground in regard
to Nations, have too much ignored the rights of citizens as
Individuals and as Families, and of the other Units. These
collective rights however, may be analyzed so as to be resolved
into only two, namely, one, the right of many rather than of one
person, that is to say, the right of numbers; and the other,
which is better, the right of peculiar position or relation of
any organization, person, or locality, which has claim when
there is no alternative resource to it, for the maintenance of its
rights in question, in any particular case^
Vattel, as quoted and referred to by Twiss, the standard Eng
lish author on the Law of Nations, (in their Chaps. I.), says :
( 4), "Nations being composed of men naturally free and inde
pendent, and who, before the establishment of civil societies,
lived together in the state of nature, Nations or sovereign
states, are to be considered as so many free persons, living
together in the state of nature." Again ( 5) " Men being sub
ject to the laws of nature, and their union in civil society not
being sufficient to free them from the obligation of observing
these laws, since by this union they do not cease to be men ; the
entire Nation, whose common will is only the result of the
united wills of the citizens, remains subject to the laws of na
ture, and is obliged to respect them, in all its proceedings. And
since the law arises from the obligation, as we have just ob
served ( 3), the Nation has also the same laws that nature has
224 BK - IIL NATION. I. ii.
given to men, for the performance of their duty." Again (10
and 11): "The experience of communities * * * confirms
what the instinct of the Individual-man suggests. There is
accordingly, in human nature, a tendency towards society, and
whenever opportunity presents itself, men are found to associate
themselves together, for the purpose of mutually aiding and
assisting one another. There thus grow up spontaneously, rela
tions of natural society amongst men. The law of this natural
society is, that each Individual" [whether person or Nation]
" should do for the others, everything which their welfare re
quires, and which he can perform without neglecting the duty
which he owes to himself [or itself]: and this obligation of
natural society is coextensive with the human race. The Uni
versal Society of the human race, being thus an institution of
nature, all men are bound to cultivate it, and to discharge its
duties : and they cannot release themselves from that obligation,
by any convention or private association." Vattel also ( 10)
says, " a law which all men ought to observe, in order to live
agreeably to their nature, and in conformity to the views of their
common CREATOR." Mr. Twiss omits this latter part, but we
are happy to find somebody saying something about the rights
of the CREATOR, in relation to National duties and rights. We
are also happy to hear about human race and human nature, in
this connection.
What Mulford says of the inviolability of the Individual
and of the Nation, is equally true of the Family, the Precinct,
and of all the other Units or " moral personalities" of society.
Thus, p. 268, he says : " The conception which defines either
the Nation or the Individual, as subordinate and secondary, is,
in its error, the postulate of an inevitable antagonism. If
either be held, not as an end in itself, but only as a means
having the other for an end, there can be no principle of unity,
and no form of reconciliation." And we affirm that the same
may be also said of the relation of the Nation to the Family
and to the Precinct, and to Mankind : and whether to the Social
Circle or not, remains to be investigated.
Accordingly however, we cheerfully admit the same rights to
the Nation :' so that every Nation has a right to modify and
limit the powers of the Precincts within it, so far as called for
RIGHTS AS ONE OF THE SEVEN. 225
by its particular genius and mission, and to provide against the
special dangers of its own time and position ; as against Turks,
Barbarians, Aristocracies, Demagogeries &c.
Writers generally, and Mulford also, include among the spe
cial rights of the Nation, the following: (1) "The right of
self-preservation ;" as if anything whatever could exist, without
that right; and (2) "The right to declare war and conclude
peace ;" as if everything that had a right to defend itself, did
not also have that right ; and (3) " The right to form INTER-
national relations ;" as if Individuals did not have the right to
form inter-individual relations, and Families, inter-family rela
tions, &c. and (4) " The right to coin money ;" as if the manu
facture of money had not been already proved by Spencer and
Mill, to be more safely bestowed upon Corporations, than aught
otherwise ; and (5) " The right of Eminent Domain ;" as if
Mankind itself had not superior right thereunto, which must
some day be re-established, at least metaphysically and morally
re-established.
The right of the Nation over the domain, is the same as its
right over persons, namely, a restricted one, limited in principle
by the rights of all the other Units ; and limited in practice, only
by the rights of superior powers when they shall normally arise.
When the question comes up, of division of a Nation into two
or more Nations, the subject of the rights of isolated or singular
Precincts, has nothing particularly to do with it ; neither has the
question of Eminent Domain. The question of Domain is in
cluded, as a minor matter in that of subdivision of the Nation,
and puts to rest all argumentation based upon property rights,
just as a legitimate divorce a vinculo, allows not the usual claims
on property, arising out of the marriage law, nor of arguments
upon that ground.
As was said in our Summary Introduction: every Unit,
whether Individual, Family, Social Circle, Precinct, Nation or
Mankind, has its own rights, which are inalienable, indefeasible,
and indivisible. Therefore in general we may say, the sover
eignty of the Nation over the Precincts within, and over rela
tionships to other Nations and Mankind outward, is LIMITED
BOTH BY THE ETERNAL NATURE^ AND BY THE INALIENABLE
RIGHTS, OF THE UNITS.
15
226 BK - HI- NATION. I. II.
Nevertheless, in cases of conflict of authority, or of differ
ence of opinion between Precinct, (or other lesser unit,) and
Nation, the former must of course yield to the latter. For,
although in principle the Units are equal, Precinct, and so on,
to Nation, yet in doubtful cases the practical decision must be
allowed to the superior power. This has been shown in the
Introduction, under the head of "Resemblances to Gravitation."
Therefore all the lower ones must give way before the unions of
many Nations, whenever such unions are formed ; but still, each
retains its own share of eternal rights, inalienable and indefeasi
ble, as any other of the elements. The lesser elements can not
be deprived of their rights avowedly or upon principle, but only
by mistake, or by the necessities of arriving at definite conclu
sions. The case is somewhat the same as between man and wife ;
both have equal rights ; yet as there must be somebody to decide
in doubtful cases, that right is conceded to the man, but only to
be exercised honestly and faithfully.
Our doctrine as to the Rights of a Nation may be summed up
thus : the sovereignty of the Nation consists, as to Precincts,
Corporations, Individuals and Families, not in superior rights
but in superior power; but with the right of judging in doubt
ful cases of jurisdiction; and on the other hand, in reference
to the Unit above it, namely, Mankind, the Nation has only its
rights as one of the Essential Units, all being subject to their
peculiar conditions of position and locality.
These peculiar conditions of position however, are sometimes
very important. Thus, a few miles of ocean near the land be
longs to the Nation, not to the adjacent Precinct. So Mining
Districts, also Large Cities, and what are called " States" (see
Bk. II. Pt. II. Chaps. XI. and XII.) must hold a part, at least,
of their rights, as fiefs of the Nation, and so far be in direct
subjection to IT.
The Nation, mainly, is the power of negation to the Precincts,
just as Mankind is to the Nation. Yet the Precinct acts on all
below or derivative from it, just as much positively as negatively.
But the relation of these is sufficiently treated under Precinct,
and need not be enlarged upon now.
The rights of a Nation would be well set forth by Spencer's
general theory of government, supposing the Nation first to have
RIGHTS AS ONE OF THE SEVEN. 227
been subdivided into Precincts, and the Precincts to have had
constitutionally granted to them, their real share of rights as set
forth in our theory on that subject. But the theory of the do-
nothing and no-power of government, is utterly untenable in any
small government, or among any ordinary set of men living in
close neighborhood. And the theory itself, as set forth by him,
exhibits plainly the facts of its origin in a large strong and con
solidated government over a free and practical people. It en
deavors to maintain the consolidated nature of government, by
entirely denying rights and duties that are absolutely essential to
every small or immediate local government. In these respects
Spencer's view is diametrically opposite to Comte's : so that each
one's theory contains a large amount of truth and wisdom, when
we know to what field to apply it.
Inasmuch as Precinct is a Unit of society as truly as Nation,
it follows that "the general principles of. nationality and inter-
nationality, are applicable to Precinct, as truly as tp Nation, but
in a less degree. Hence, the reader, in going through this
part of the work, is requested to bear that relation in mind ; and
to observe that we are pointing out principles that are equally
as applicable to Precinct, but in a less degree, and in regard to a
different class of affairs. Because Precincts bear the same rela
tionship in form and law, to the Nation, that Nations bear in
spirit to Mankind. And then again, the Precinct, being the
next lower Unit to Nation, and being the only other one which
is Local, and being with it also fundamentally a political Unit,
is pre-eminently the type and guide for National arguments
and National ideas.
The rights and duties of the Nation, and indeed of any organ
or department of Civil Government, in relation to the Individ
ual, the Family, the Social Circle, the Precinct and the Corpo
ration, are better considered under those five heads respectively,
than in this place. But the best place to consider them, in our
classification, is under our head CIVIL GOVERNMENT, in the
SYNTHETICS ; under which head, controversies between Nation
and particular Precincts should be provided for, whilst of a
peaceful character. Controversies of a warlike nature, are pro
vided for under Nation, in Birth and Size of Nations, and in
Rebellions, which will be treated presently. The relations to
228 BK - IIL NATION. I. II.
Mankind will also be considered presently; next the general
relations of one Nation to another, and to ITS citizens, namely,
International Law; and afterwards the Doctrine of Naturali
zation.
Some countries are cursed with a deficiency of nationality,
and some with an excess of it. Guizot, (p. 309), speaking
of Greek Civilization, says : " The Greek who carried the in
dividual culture of man to so high a pitch, knew not how to
establish the social relations on a solid basis, nor to organize
a national body, nor to combine the peoples subjected to his
influence, into a system of Nations strongly united together. I
wish for no other proofs than that terrible Peloponnesian war,
that fratricidal struggle, from which dates the decline of Greece,
and the lamentable history of the Empire of Alexander and his
successors." And we may add, that what distinguished the
Peloponnesian war from the domestic war in the United States,
was not only the length of time of the former, but also the fact
that it was not so concluded as to settle any great principle, nor
to establish any great policy.
On the other hand, there is sometimes an excess of nation
ality. Nationality is made the basis and instigation of most
wars. The idea constitutes the strongest intrenchment and the
highest glorification, for the hidden selfishness and the secret
animosities of Mankind. Under its sacred veil, as also under
the delusive garb of fanatical religions, human beings have, for
ages, turned the worst passions of a fallen nature, into honorable
and worshipful attributes. The time we hope must come, when
patriotism as usually understood, rallying for one's country
merely because it is one's OWN country, will be accounted with
that narrow-minded selfishness, that rallies for section or party
or society or Family or even person, because it is one's own. But
the time has not yet come. It cannot come, unless on conditions
of mutuality, and by or with new national brotherhood- views
and feelings, in several of the leading Nations; and thus make
a new clause in international law. It is the peculiar function
of Christianity to cause this metaphysical organ, Patriotism, to be
re-absorbed, and more and more to disappear from being an
exclusive organ of nationality. This it does, partly by furnish
ing a renewed spirit to Individuals, and partly by diverting
RIGHTS AS ONE OF THE SEVEN. 229
a portion of the vitality of patriotism, to other elements, say-
to Precincts, Corporations, and Mankind.
2. Duties of Progress.
Here; just between the general rights of the Nation, in regard
to all the other elements of Social Science, and the special and
superior rights of Mankind, may be placed, as partaking partly
of the nature of both of those departments, the present topic,
namely, the duties of a Nation to progress; and especially not to
retrograde : for these are duties which it owes alike to all the
Individuals, Families, and other internal elements which it con
tains ; as well as to all its surrounding and related Nations.
For instance. If any serious attempt were made to reinstate
slavery in the United States, it would arouse a universal cry of
horror throughout the civilized world : and would probably soon
lead to a great war ; foreign Nations also joining in it, for the
sake of mingled -policy and humanity.
The interventions of civilized Nations, in the affairs of the un
civilized, and semi-civilized, are justifiable rather upon grounds
of the uncivilized tending to retrogression, than upon any other
grounds. For, when the less civilized ones come into frequent
intercourse with the more civilized, the former lose their bar
barian virtues, and retrograde, unless they adopt our higher de
velopments and thus progress. This explains the European
interventions in Asiatic affairs, as of Turkey, China, &c., and
also in African affairs. The justification is, their aim to check
slavery, to check despotism, now being used chiefly to prop up
their falling religions, and to check their general retrogression
towards barbarism.
These also are the real reasons which justify most of the usual
protectorates, and armed interventions, of some Nations, in favor
of others. These are the reasons which justify the protectorate
of Europe over Greece, and of the United States over Mexico,
and over various other American states ; namely the protectorate
which is embodied in the Monroe-doctrine.
Very different justifications are of course generally alleged,
and often believed in : and especially often is alleged the old
doctrine about "Balance of Power." But if this were the
chief reason, it would be expressed in a claim to force all
Nations to modify themselves, so as to become as nearly equal
230 BK - IIL NATIOX. I. ii.
in size and strength, as human Individuals, or Families are,
each to each. The demand for retaining the balance of power,
when there is NO balance, must necessarily mean merely a de
mand that no one shall increase itself, or its influence : but that
absurdity has never been attempted. The real chief reason,
more probably has been, that the grasping Nations were the
physical ones, the least civilized of Europe, and were tending to
retrogression, and to forcing that retrogression upon other Na
tions. In regard to this subject, Wheaton 62, says, " ques
tions of the greatest difficulty arise, which belong rather to the
Science of Politics than of public law," (that is, they belong
especially to our Department, namely, Social Science). And
again, 63, "Encroachment * * * overt acts * * * ambitious
purpose/ 7 &c. " Such were the grounds of the confederacies
created, and the wars undertaken, to check the aggrandizement
of Spain, and the house of Austria, under Charles V. and his
successors;" But everybody knows the really retrograde moral
and religious impetus, which was the most active and most
dreaded element of those wars. Thus again Wheaton 63,
says, " The repeated interference of Austria and Spain, in favor
of the Catholic faction in France, Germany, and England; and of
the Protestant powers to protect their persecuted brethren in Ger
many, France, and the Netherlands, gave a peculiar coloring to the
political transactions of the age." We may also add, that the same
principles underlaid and justified Cromwell's European policy.
But it is not hereby assumed, nor is it necessary to prove, that
the real grounds for foreign intervention, were always justifiable,
nor always consisted of sound principles in Ethics, or in Theol
ogy. All that is necessary to assert is, that the peoples believed
them so to be ; or thought there was some reasonable probability
that they did so consist. For instance, referring to the French
revolution of '89 ; Wheaton 64, says, " The successive coali
tions formed by the great European monarchies, against France,
subsequent to her first revolution in 1789, were avowedly de
signed to check the progress of her REVOLUTIONARY PRINCI
PLES, and her military power." And we add that there would
have been little reason to fear or check that military power, had
it not been really and chiefly animated by the desire, to spread
throughout Europe, those revolutionary principles, which out of
.RIGHTS AS ONE OF THE SEVEN. 231
France and at that time, were generally believed to be ruinous
to all interested, sovereigns and peoples alike.
And so, in regard to the British Opium- War in China ; and
to her wars in India. The British and other commercial peoples
thought, that the progress of commerce forbade such retrograde
policies as China and India were constantly inclined to follow.
But in Japan, and the Sandwich Islands, and elsewhere, wjiere
the native policy has been persistently progressive, and seeking
to catch up with the civilization of the age, no wars have been
inaugurated.
Poland was partitioned, really because it had an active tend
ency to retrograde towards barbarism.
Ireland was conquered by, and has still to be retained under
special control by England, chiefly because it had and still has,
the same retrogressive tendency.
Bismark's policy, although subversive of the old talk about
" Balance of Power/ 7 has been sustained by the sympathies of
the most advanced Nations of the world ; because his policy is
abreast of this age of progress. But he is overdoing the central
izing work, and is subverting the Precincts of which Germany
consists, and which have been the bulwark of freedom and
thought, for ages. And therein lies his danger. Yet still per-
O * O O XT
haps those who have a nearer, and inside view of the threatening
dangers, may know that his policy of centralization is necessary
temporarily. " And necessity knows no law."
All the great powers of Europe, have acquired accessions of
territory during the last century, at times, without producing
serious objections, or war; particularly and lately, France,
Italy, Germany, and Russia. The great war against Russia
(about Turkey), was partaken in only by England and France,
and by them chiefly because they really coveted various parts of
the Turkish dominions for themselves: and as one incidental
reason, because those dominions contain Palestine ; for the old
hankering for Palestine, which kept up the great Crusades for
several centuries, is not entirely dead yet. Moreover Russia
baffles England in India ; and is so much greater than any of
the other powers, that they naturally may have special fears
from her. And the ruling dynasty in France, sometimes en
gages in foreign war, to entertain and divert her people at home.
232 BK - IIL NATION, i. ii.
But no Nation has ever thought of warring against Russia
merely because of her immensity, although one fifteenth of the
population of the Earth : nor against China, for that reason,
although being one third of the Earth's population. Russia,
although warlike, is progressive and emancipatory. She has
neither needed a great war, to bring her to her senses; nor ex
hibited general enormities arousing the sympathies of the civil
ized world against her. She also allows great freedom to her
Precincts. But the time may come, when the Nations will fear
her: yet the first Napoleon's prophecy was so premature, as to
be almost absurd : for he thought nothing about the great func
tions of her Precincts because Precincts make a weak govern
ment for aggression ; although a strong one for defence.
The principles elucidated in all this 2, ought to aid in
forming a right idea about the present affairs of Spain. Spain
became a Republic, wise, peaceable, not disturbing other Na
tions, and attending well to her own affairs. But a reaction has
come. The Republic has gone down. And now the question is,
shall the thousands of Individuals and Families and Precincts, of
Spain, who have learned what civil, moral, and religious liber
ties are, be forced back against their enlightened consciences, into
a darkness and servility that would now render them miserable?
Rights once given should not be taken away. The first and
eternally right plan, therefore, is to adopt a true Precinct-
system ; and thus to allow the citizens of all the various dif
ferent opinions, religious and political, to arrange themselves
spontaneously, into the political and religious associations that,
they conscientiously believe will make them happy. And the
Nation itself should pay the expenses of their removals, thus
made necessary by its own changeable policy. But if the
Nation will not do that ; nor even allow the people to rearrange
themselves into their own Precincts at their own expense (which
doubtless they would only be too glad to do), then somebody
or something may be held accountable for such tyranny and op
pression. Shall the accountable thing be held to be the Form of
the Civil Government ; or the Religion ?
If the form of government is to be held accountable, then all
the monarchies of Europe are interested, and have right to inter
vene, in some manner, to rescue their own form of government,
RIGHTS AS ONE OF THE SEVEN. 233
from such disgrace. If the religion is to be held accountable,
then all the liberal Catholics of the world, are interested to rescue
their religion from such disgrace : and the unrelenting Catholics,
with the dark-age spirit, if there be any such in these days, and
if they aid and encourage such unlimited retrogression, should
be held morally accountable ; and might be denied what would
otherwise be their religious powers in other countries. How can
Catholics ask for division of school funds in Protestant coun
tries, when the countries of their own faith, drive out and per
secute Protestants; and if, as by our supposition above, it is not
the Civil Government that is to be held accountable, but only
the religion ? The Catholic church is a world- wide CORPORA
TION, and as such can be held accountable for its doings, when
it is admitted that the affairs are its doings : just as truly as any
Nation can be held accountable.
But however little or much that Corporation is to be held ac
countable for the retrogressions in Spain, that does not exculpate
the Civil Government thereof: because that is the Arm of power
which is actually doing and executing all this mischief. Gov
ernments therefore have a right to urge on Spain, the establish
ment of some humane relief: and first of all, some true system
of Precincts, as may be most according to her own peculiar
nationality. Or does the right of other Nations to intervene,
consist only and selfishly in the measure of danger which they
can perceive to threaten themselves, by or from the reaction?
The smothered cry of the most advanced peoples of the world,
is, that the reaction and retrogression ought to be limited and
restrained, by the importunities, the protests, the non-intercourse,
and if need be, by the arms of those who believe in war, of the
free peoples of the world.
The only other alternative, and the least that the rights of the
human race, Mankind, or human nature, can demand, is, that
Spain should allow all her dissentient citizens, a free emigration,
after plenty of time to dispose of their property ; and further
more, that Spain will pay the expenses of their migration, and
all reasonable charges and damages for the injury her policy is
doing to them. In other words, the least that can be demanded
for those oppressed by a Nation, is about what should be de
manded for the oppressed of a Precinct ; but also a little more ;
234 BK - IIL NATION, i. 11.
namely, damages, because an emigration entirely from one's native
country, is a much greater damage, injury, and unhappiness,
than merely from one's Precinct.
3. Rights in Relation to Mankind.
No position can be more untenable, than the claim for immu
nity of individual Nations, which some writers advocate. If
any Nation, abounding in coal or iron, or other necessary article;
possessing superabundance of wealth, with "interest" at very
low rates, with labor unemployed or doubly taxed; leading the
fashions of the world with extravagant and constant fluctua
tions, so that nothing but swift transportation would answer
for any commodities, if any such Nation should arise and fall
under the combined control of its shipping and mining capital
ists, the result would be long continued and fearful waste to the
world, of the limited commodities, iron and coal. At the same
time, the iron-working people of that Nation, owning no land,
and at the mercy of the combination, might be grossly demoral
ized in general, and finally forced to emigrate to other countries.
In such a case, the right of Mankind to intervene cannot be
disputed, if they know not better than by war, then by war,
if they know better, then by legislation, and discriminations,
laid directly against the offending, Nation, its trade, its literature
and its emigration.
Or, again : if any Nation should persist in maintaining im
mense standing armies, after all other Nations wished to dis
arm, such persistence would force all the neighboring Nations,
either, to continue to maintain all their armies idly, or else to
discriminate by legislation, and perhaps finally to use their
armies once for all, effectually, on the warlike nuisance whose
, threatening attitude persisted in retarding the civilization and
peace of the world.
The rights which. Nation once had as the representative of
Mankind, are passing away to empires and confederacies. But
these latter cannot, according to our theory, be permanent, be
cause the next and only Unit above them is Mankind ; nor can
they eventuate in an organization of Mankind into ONE perma
nent government; because that is the function of Jesus Christ
only, for His visible return and reign oit earth. And the idea
of one confederation of compulsory government for all Nations,
EIGHTS AS ONE OF THE SEVEN. 235
previous to His reign, seems to us even more chimerical than
the idea of one consolidated church ; because the church is an
organ of only one class of interests and feelings, but Civil Gov
ernment is an organ of all classes of interests and feelings.
It was a bold thought of Charles Goepp in his essay headed
"E pluribus unum," that this United-States-Government
would one day embrace all the Nations of the earth. This
thought, although not admissible in that application, is well
worth considering in the principle. But as to the confederability
of all the world in one representative body, IF it could be
shown to be practicable, it would do something toward showing
that a confederation thereof is natural and probable. And from
this difficulty we may infer that confederations are not to be
permanent, but only transitional to the higher Unity. And
there might be a number of world-wide conventions which
would represent various Corporations for various interests ; but
hardly any one Civil Government especially for Localities.
Of the various grades of government possible, the following
calculation of maximums is suggested. Assuming, as we have
elsewhere done, that 2500 is the largest number of persons that
can properly and conveniently assemble for the performance of
political functions, whether for primary voting, or for represent
ative legislation ; and supposing that number to be the highest
that can conveniently do the primary voting in a Precinct of
thirty thousand inhabitants, that is to say, supposing twelve
persons to each voter, then we would have the following series :
Precinct, Population, - - - - 30,000
Nation, ------- 75,000,000
Third Grade, - - - - 187,500,000,000
Fourth Grade, - - 486,750,000,000,000
The second grade here, gives the highest maximum desirable
for any Nation. The third grade here, would be able to an
swer for the political organization or confederation of the whole
Earth, with a population of 4J Individuals per acre of the land
(exclusive of the waters); and that is a density about as great-
as can possibly subsist upon it, by any known methods. The
fourth grade would represent a population of 11,000 per acre, or
2 persons of the present size to a square yard, of land ; that is to
say, only just room for all to lie down on.
236 BK. HI- NATION. I. III.
Any Nation, being resolved into the higher kinds of political
Corporations, and supposing the Corporations within the Pre
cincts, to be transposable into four uniform and homogeneous
classes, would be susceptible of four times the population above
given, namely 300 Million, or one-fourth the present world ; and
the Third Grade would represent a population of 18 to the acre.
On the other hand, some writers think that an assembly ought
not to consist of more persons than can meet together and con
verse, without straining either the voice in speaking, or the ear
in hearing ; say 300 persons each. Then the grades would be
thus. First grade 3600 population. Second grade 1,080,000.
Third grade 324,000,000. Fourth grade 97,200,000,000. Thus
the fourth grade would be about half as much as the third grade,
on the first named supposition. And the introduction of homo
geneous Corporations would proportionally increase the possible
numbers.
CHAP. III. RIGHTS IN RELATION TO CONFEDERATIONS.
1. Right to form Confederations.
The whole subject of confederations is generally placed as a
part of international law ; but the position most of it occupies
in relation to our Unit, Mankind, requires us to locate most
of it here. Nationality is the only elementary civil and state
power, that as yet has represented, or can represent directly, the
interests of Mankind. But, up to this time, Nationality, through
international law, has not been much exercised in that use, be
yond the matter of lessening wars, and promoting commerce in
physical things. The true representative of Mankind, at pres
ent, is Confederation. But this is only temporary, and transi
tional to something higher ; moreover, confederations themselves
are not permanent, as Nations are, nor as Mankind (metaphys
ically speaking) is conceived as being.
Confederations between Nations may be defined to be, the
ASPIRATIONS of Mankind toward political unity, toward one
law and one government. And international law is the legal
expression of some of those aspirations.
What directly and practically distinguishes a Nation, (even
when organized into military Precincts or feudal system), from
a Confederation, is, that the latter acts on the people only
RELATIONS TO 'CONFEDERATIONS. 237
THROUGH its constituent local parts, namely, through the Na
tions, but the Nation acts on its people directly, as truly as the
Precincts do, because it is an instinctive Unit as well as they.
A combination of two or more Nations into one, with the
INTENTION or desire of being PERMANENT, constitutes a con
federacy (or confederation) : and if the confederacy is to be gov
erned by a hereditary monarch, it is called an Empire. Mr.
Mulford (in " The Nation,") regards a confederacy as consisting
of a union between "commonwealths" [or Precincts] only; ig
noring the fact that a confederacy is based upon the assumption
that its component commonwealths are independent states, and
therefore are self-dependent Nations, in principle; and it ex
pressly disavows the idea of the confederacy itself being the
Nation. Confederacies therefore commit the equally great mis
take, of establishing a theory of government upon one unit or
one integer only, and ignoring an equally important unit. We
have the Confederacy ignoring Nation, and Mulford ignoring
Precinct. Mr. Mulford also argues against the right of real
Nations to form confederacies. This he argues by confusing
confederacy with Empire, and arguing against the advantages
of unions, because the government of such unions has usually
been hereditary and vested in an Emperor.
Our argument here however, does not fully discuss the merits
of the question, of the right or expediency of Nations to form
confederacies; but merely discusses that confusion which only
conceives of a union between Nations, as an Empire, overlook
ing the possibility of such a union being a popular and elective
government. And it is the confusion consequent therefrom, of
applying the word confederacy, to a union between Precincts
only, to which we are now objecting. Mr. Mulford's book is a
lamentable instance of great principles of eternal truth, being
deflected, in order to apply to the narrow exigencies of some one
good cause of a good cause, namely, the nationality of the
United States, upholding it by fearful perversions of funda
mental social principles. Although his book is in many respects,
a highly valuable one, and has done good service in a good cause.
Mr. Mulford has an indistinct apprehension of the growth of
the international confederative power, when (p. 254) he says :
" Since the Nation has its vocation in a moral order, and its end
238 BK - IIL NATION. I. in.
in the realization of the destination of humanity in history; the
Nations exist in an international relation, which has for its con
dition a moral relation ; and the system of international laws is
definitive of the moral order in which these relations come forth.
The Nations, in the attainment of their necessary end, are con
stituted in a moral order. They cannot therefore, in the de
velopment of national life, remain in isolation and indifference.
* * * As the relations consist in the moral order of history, their
ampler expression will come, in the higher realization of the
being of the Nation, in the moral order of history. * * *
And as the Nation advances in the realization of its being, the
science which has for its province the definition of the law of
international relations, will become constantly the expression of
a development in wider and more varied relations."
Again, (p. 256), he says : " In the realization of the being of
the Nation in history, there will be manifest among Nations a
deeper relationship. * * * It is therefore no dream, but the
coming of a new life, which holds the prophecy and the realiza
tion of the fraternity of Nations. In the development of his
tory, this relation is becoming more perfectly apprehended ; and
as Mankind recognizes more deeply the universal fatherhood,
there is manifested in the Christendom of Nations, the Family
of Nations."
Some of the foregoing phrases, as, "vocation in a moral order,"
" moral order of history," " attainment of their necessary end,"
" expression of development," " fraternity of Nations," " Family
of Nations," are pretty much all we could ask either for Nations,
or for Precincts; and show the common or similar relations
between them ; and that the same may be represented in inter
national law, as we said under Precinct.
The true doctrine is, that the right of Nations to form moral
and useful confederacies, is as eternal as the right of Individuals
to enter into partnerships ; but the confederacies themselves
are not eternal in their nature ; for, if they were permanent in
their nature, and permanently voluntary, they would cease to be
called confederacies, but would really be Nations, and be called so.
Because Confederations, Leagues and Empires, bear the same
relation to the particular Nations of which they consist, as the
Amalgams of neighboring Precincts, bear to the particular Pre-
EELATIONS TO CONFEDERATIONS. 239
cincts which compose them. The principles of this relation are
treated under the head of Precinct. But Nations cannot be
admitted to be capable of forming themselves into Corporations,
nor vice-versa; because they are not elements of the Tribe-
Principle.
By the term confederacies here, we of course understand, not
confederacies between " States" or parts of a Nation, but between
separate Nations. And our American states are shown by us,
under Precinct, to be only a kind of higher Corporations, with
double charters, one, from the Precincts of which they are
composed, and the other from the Nation.
2. Uses of Confederations.
Nothing but confederation between the common sized Nations,
can be any balance at all against the rising power of the empires.
There is the Chinese Empire, containing J of the population of
the globe ; and there is the Russian Empire, containing nearly T V
of the population, and y of the land of the globe. The power
of such Nations, sometime will and must be felt disproportion
ately pre-eminent over all others, taken singly, or connected by
only temporary and fluctuating combinations.
The trouble in empires, confederacies, and "unions" of dif
ferent Nations, is, the attempt to make the fundamental constitu
tions of their parts, that is Nations, uniform. But, as Humboldt
in his latest days said, " to elevate the constitution of one Nation
to the rank of an ideal, is to ignore the necessary historical modi
fications, and, to a certain extent, to call in question the impor
tance of the peculiar development of every nationality. The
English constitution especially, with all the conspicuous elements
of freedom, which it may embody, is still essentially an insular,
oceanic product, which can be only partially imitated by the
Continental States, which are rather of volcanic origin."
One of the principal wants of modern times, is an interna
tional congress for the great and especial purpose of preserving the
peace of Nations, and also for marine law, and for international
affairs not otherwise agreed upon between any particular Nations.
The balance-of-power theory, was not anything better than an
exhibition of instinctive fear against changes that necessarily are
always being made, and so, was only a promoter of war. But
it answered a temporary purpose, as an excuse, until men could
240 BK - IIL NATION, i m
see a better, for refraining from religious waie,, Aiid as a Jefence
against wars for increase of territory. Yet ii could *iot con
tinue. But now, by constituting a world's congifcris, or one
special organ for this one function alone, we reach A higher step
in living civilization, and insure its greater success. As such a
congress would depend, for the execution of its decisions, partly
on their moral effect, all sagacity should be employed for its
constitution. This sagacity will exhibit itself in relying, not
on the form of selection, but on securing a fair representation
of the real and actual powers of the world, or of its leading
Nations, at the time. But it need not depend only on its moral
power, nor even chiefly thereon, but may easily find a ready
method for the enforcement of its decisions, without war. Decla
ration of partial or complete non-intercourse with those Nations
who would actually resort to war, instead of submit to the
congress's decisions, would soon bring the offenders to terms.
This is the method which the congress of the United States so
successfully used, instead of war, to bring Rhode Island into the
Union, at the adoption of the constitution. In fact, non-inter
course is the usual resort of educated and refined society, towards
bullies and fighters. We find it successful in Precinct and in
Corporation government, as well as in that of Individuals.
As to the question whether such a congress ought to be per
manent, intermittent, or remittent, whether it ought to abide
always in session, or only at intervals ; and if the latter, whether
the intervals should be regular; or whether it ought to be as
sembled only upon requisite occasions, these are questions not
essential to be settled at the first.
Perhaps still another plan might be employed for some pur
poses, namely, a st nding committee to act in the interim of the
sessions, with some limited powers, and especially the power of
convening the congress upon requisite occasions. For, of course
it would not be safe to entrust the decisions of disputed interna
tional questions for irrimediate action, to any ordinary committee
of such a congress. Such a standing committee with limited
powers, is a constituent of some of the most perfectly organized
churches. And in this matter we see another instance where
the world might learn from the churches, even as to mere forms
of government.
CONTIGUITY, PHYSICAL AND METAPHYSICAL. 241
CHAP. IV. CONTIGUITY, PHYSICAL AND METAPHYSICAL.
The intercourse between Nations must vary according to their
many essential differences. The greater difference which distance
ought to make, is evident in this, that a Nation is bound to pre
vent, and may be held responsible for, incursions made from the
borders of its own territory, into a foreign one immediately
adjoining: but as to miscellaneous expeditions against distant
countries, no Nation can be expected to do any thing more,
than merely to use reasonable endeavors to prevent them. " Love
thy neighbor as thyself" applies to Nations as well as to Indi
viduals.
It can hardly be doubted, that distance, either as to space or
as to civilization, requires a different set of international laws
for persons nearest, than for those farthest off; just as our theory
of Precincts has special regulations for those Precincts that are
immediately contiguous. But such differences of international
law, could only be made by treaties; and such treaties, oft re
peated and long continued, would naturally become leagues, and
these in time, confederations, especially where the Nations were
contiguous.
Nations, as well as Precincts, tend ultimately to form each its
own particular character; and LIKES flock together, "likes"
that is, inward resemblances, although perhaps outward con
trasts.
As it is the tendency, that all the persons of a Family should
gradually become assimilated, and like to each other, so also all
the Individuals and Families of any society, are tending to
become alike. So also, all the Individuals, Families and com
panies of a Nation, have a tendency to become more alike,
Individual to Individual, Corporation to Corporation, and Pre
cinct to Precinct. Even the social sets which are organized
purposely to express differences, gradually take the same out
ward resemblances of customs, &c., as far as means will permit.
Furthermore, all the Nations of the world having commerce
and intercourse, also are tending to resemblance or uniformity
in their outward forms.
Through all this outward uniformity, we find that the strongei
law, is an inward law, that likes flock together with like that
16
242 BK - m - NATION. I. v.
Families tend to express one spirit, and draw together those
who are similar. So also with Precincts, companies and social
sets. So also with Nations; and in the t course of time, and
with free travel, immigration and emigration, this segregation
may be expected to continue, until all the communicating Nations
of the earth, will become possessed more and more fully and
firmly, each of its own peculiar life and inward character. Thus
it is, that real heterogeneity develops out of homogeneity, as time
advances.
In ancient times and among barbarians, the special national
characteristics were formed by isolation and barbarism. And in
modern times, AVC see each Nation forming its own peculiar
national character, by the very opposite means, namely, by inter
course and civilization. In ancient times, the outward circum
stances were mostly different, but the inward spirit mostly the
same. In modern times, the outward circumstances, all those
things which can be seen, imitated and learned by rote, or by
diagrams and models, are being imitated; and the Nations are
thus becoming alike. But in the inward things of the heart,
Nations as well as companies, social sets and Individuals, will
become more and more unlike some others, and must be more
and more attracted to those with whom they most sympathize.
In some Nations, where the spirit of love and mutual regard
for each other's rights, exist, much happy communism may de
velop ; whilst in those Nations, and peoples who are clamoring
for equality and fraternity, violating the relative duties of
station ability and age, and puffing themselves up with pride
and self-will, their desired communism and equality will not
come; but instead thereof, all the vice and luxury that dis
honest wealth can buy, after honest wealth is driven away ; and
all the results of refined enmities, when the peace men and the
unimpeachable citizens, are driven, either into obscurity, or
into foreign lands. The example of France is a warning to
humanity.
CHAP. V. DEFINITION OF NATION.
No definition of the Nation can be accepted, which denies
that " God hath made of one" continuous " blood," at least many
"Nations of men," (Acts xvii. 26.) But some writers have
carried out the radicalness of the idea of Nation, to the extent of
DEFINITION OF NATION. 243
/
supposing that nearly all of the many great Nations of Man
kind, are indigenous, spontaneous developments, from the regions
they inhabit; without allowing- for the facility with which men
change their abodes, and commingle nationalities; a facility
which is well known in history, as well as on reflection might
be expected. Even if we admit more than one original or spon
taneous race, still under no supposable theory, can there be ad
mitted to be more than three, or at most five, such original or
spontaneous races.
Let us give here (chiefly from Twiss, vol. i. pp. 2 and 3), a
definition of a Nation (People, or State) which has an inter
esting history attached to it. Coming from Scipio Africanus, it
is first quoted by Cicero (De Republica, i. 25.) This work, the
" De Republica," was lost in antiquity, to the great regret of
scholars and statesmen. But the definition therein, of a State,
was preserved and transmitted by St. Augustine, in his great
work, " The City of God." Indeed, those best able to judge,
(including Cardinal Mai,) think that St. Augustine derived his
first suggestions for his " City of God," from reading Cicero's
" De Republics." From St. Augustine, Grotius derived the defi
nition we are speaking of. And now at last Cardinal Mai has
found and deciphered from an old Palimpsest, a large part of the
identical old Ciceronian " De Republics ;" and among the saved
fragments of which, is this very definition we are now to give.
Cicero gives it thus : " Therefore said Africanus, Public affairs
are the affairs of the People ; but not every collection (coetus)
of men, however congregated, (or aggregated), is a people ; but
the collection (coetus) of the multitude, associated by consent of
justice (juris, right, or law), and in the (communione) communism
(fellowship) of utility."
St. Augustine adds : " Therefore surely, where that righteous
ness or right-ness (justitia), is not, there the collection of men is
not associated by the consent of justice (juris, right, or law), nor
in the (communione) communism (fellowship) of utility." (City
of God, xix. 21.)
Grotius gives the definition thus : " The State (civitas) is the
complete collection (coetus) of free men, associated for the sake
of enjoying justice (right or law), (causa, juris) and of the
common utilitv."
)
/
244 BK - in. NATION, i. v.
If the reader does not like the writer's translations, as above
given, he can refer to the places in Twiss or elsewhere, and
translate them for himself. Observe this much, however ; as to
the great substance of the ideas ; that Scipio, Cicero, and St. Au
gustine,, fully coincide in their representation of the definition ;
and that their words apply equally as well to a city, or a Pre
cinct, or even to a Corporation, as to a Nation. And so does
Grotius's civitas, although IT is usually translated State ; and was
by Grotius applied also to the free cities and small Precinct-
States of Europe. One of Ainsworth's definitions of civitas, and
his first one, is, " Corporation." But of course in the later Latin,
civitas usually meant state or city, but it mattered not how small
the state was, nor whether it was part of another state, or of an
empire, or not: and the small ones answer to o ir "Precinct;"
and the large ones, to our idea of Nation.
But, let us resume our attempt for a developed definition of
Nation.
Recognition does not constitute the Nation. Mulford, agree
ing with other writers on the Law of Nations (pp. 252 and
253), well says : " The sovereignty of the Nation has its imme
diate," (but only its " external) manifestation, in the recognition
of Nations. It is the moment in which there is a conscious reali
zation of the historical power of a people; and each (Nation)
stands toward the other, in a recognized sovereignty of the
world. * * * The Nation recognizes in another, that which it
is conscious of possessing n itself, in its own necessary being.
* * * This recognition presumes then, respect toward the Na
tion recognized as a Nation. It must concede to it the rights,
which in its own necessary existence it asserts for itself. There
is the application, here, of the fundamental law of rights, be
a per son j and respect others <vs i ersons. This law is implied in
the being of the Nation as a moral person ; it is the necessary
postulate of rights and of duties. From this, then, proceeds the
recognized right of a Nation, to determine its own political end ;
the right to (establish its own political form."
But "a people may exist with a manifest unity and sover
eignty, and with entire independence and freedom, and be in
reality a Nation ; although it receive no recognition from other
Nations. Whether it be in reality a Nation, is to be determined
DEFINITION OF NATION. 245
only by its content, * * * but its recognition depends only
upon the determination, in the judgment of another, whether it
be a Nation." Here then, we may ask, how shall we determine
just how much a Nation separating from its past, shall depend
upon the recognition of that past, for the right of its separate
nationality ? for its right " to be a person" ? And when doth
arise the duty of that past, "to respect others as persons" in
such a case ? And how much depends on present qualifications
alone ?
Mulford, (p. 253) well gives the " content" of a Nation, or
that by which its nationality is to be determined, as follows,
" the internal sovereignty which is manifest in law and freedom ;
and the external sovereignty which is manifest in independence
and self-subsistence." Nevertheless, the latter condition is too
much of a de facto and not enough of a de jure one, to serve as
the basis of nationality in our Social Science. It is a condition
which directly leads to the extremest war. For the existence
of a "moral personality" we must seek moral conditions of jus
tification ; we must find those conditions, not in the mere fact
of the birth, much less, in the violence of it, but in the moral
legitimacy of it. We speak of this subsequently, under the
heading " Birth and Size of Nations."
Mulford, (Index to Chap. I.) defining the "substance of the
Nation," says " The Nation is founded in the nature of man,
is a relationship, is a continuity, is an organism, is a
conscious organism, is a moral organism, is a moral per
sonality." Furthermore, (in Index to Chap. IV.) he says :
"The origin of the Nation is of Divine foundation, in its
moral being and personality, in its government, in its au
thority and powers, in the facts which indicate the conscious
ness of the people, in the facts which indicate the conscience
of the people." This is all very true and excellent, but is
equally true of the Precinct, and of the church, and sometimes '
of other Corporations perhaps.
Moreover, Mulford all through, confounds State with Nation ;
and this he does deliberately ; for, he says in his Preface, p.
viii.: "The words ' Nation' and ' State 7 are used synonymously."
And, by him, "a particular State in the United States, is written
' State/ and is described as a commonwealth ; as, the common-
246 BK - IIL NATION, i. v.
wealth of Massachusetts or Virginia/' &c. He thus develops
things and principles, that are equally as repugnant to the
natural rights of Empires, Confederations, and Republican
Unions, as to Precinots. By his centralizing theory, even the
rights of the Individual and of Mankind are glossed over, and
Social Circle is not thought of; and no basis remains but Family
and Nation.
Neither Comte nor Mill, identify the Nation with either State
or Government, but carefully avoid even the appearance of doing
so. Comte's word usually is " Society," sometimes " Govern
ment." Mill's word is " Government." Yet both Comte and
Mill overlook the distinct rights of Neighborhoods, as such, (i.e.
Precincts.)
Wheaton does not commit the error of identifying State with
Nation. Wheaton ( 17). thus defines the State: "Cicero, and,
after him, the modern public jurists, define a State to be a body
political, or society of men, united together for the purpose of
promoting their mutual safety and advantage, by their combined
strength. This definition cannot be admitted as entirely accu
rate and complete, unless it be understood with the following
limitations : It must be considered as excluding (such) Corpo
rations, public or private, (as are) created by the State itself. * * *
Nor can the name State be properly applied to voluntary asso
ciations of robbers or pirates, the outlaws of other societies. *
A State is also distinguishable from an unsettled horde of wan
dering savages, not yet formed into a civil society. * * * A State
is also distinguishable from a Nation, since the former may be
composed of different races of men, all subject to the same su
preme authority. * * * So, also, the same Nation or people may
be subject to several States, as is the case with the Poles."
Thus Wheaton's idea evidently is, that the State is some-
. times above the Nation, namely, in Empires and confederations,
that in all other cases, legitimate supremacy is what constitutes
nationality. But the very word state, " status," standing, implies
something having the quality of permanency, and therefore can
not rightly apply to confederacies.
When we come to Corporation, we shall find that IT can per
form many of the functions of Nation, as well as that element
can, and some of them better. Yet still, there will always re-
REBELLIONS. 247
main some of the functions of Nation, that are not performable
by any other element than itself. And this is true, also, of all
the fundamental elements of the Analytics.
In our opinion, a Nation may be defined to be, one of the
spontaneous, natural Elements or Units of human society; a
governmental union of Individuals and Precincts, possessing or
being distinguished by, most, if not quite all of the following
characteristics. (1) One Head or Government. (2) Having
the Government continuous, internally and historically, either
direct or revolutionary. (3) Being apparently the development
from one tribe, by similarity of Language, Customs, Religion,
&c.: yet divided into several or many tribes. (4) Inhabiting
contiguous Precincts or districts. (5) Having .a Special Meta
physical organ or centre of attraction, called patriotism. (6)
Having the real interests of all the parts, to consist in the
maintenance of the national union. (7) Being distinguished
from Confederacy or Empire, by having had a spontaneous,
instead of a deliberative origin. (8) Being distinguished from
Precinct or " State," by superiority or sovereignty over the other.
(9) Being distinguished from Corporation, by having had an
instinctive origin, and by necessarily embracing and referring
to all the inhabitants of a Locality.
The point of the definition, is, that whilst every Nation will
be found to contain NEARLY ALL of the characteristics men
tioned, yet many Nations will be found to lack one or another
of them; nevertheless the element lacking will be different in
almost every case. This form of definition, we, in our inward
thinking, often adopt in the higher realms of thought : because
the tout ensemble of the thing defined, remains a "constant";
yes, so constant as not even to disappear in "differentiation."
CHAP. VI. REBELLIONS.
Whenever the forms of government become so perverted, that
they essentially hinder the real objects, then rebellion becomes
justifiable, if it is expedient. If the rebels have no reasonable
ground to think themselves right, and if they are really re
belling for immoral or criminal purposes, then they are simply
criminals or rioters. But if the rebels think they have reason
able grounds for their rebellion, then they should be treated as
248 BK - IIL NATION. I. VII.
recognized " belligerents." But when rebels are justly entitled
to be treated as belligerents, then arise two cases, as follows :
Case (1.) If the rebellion be an attempt to change the order
of the government, the solution of its justifiability is the net
average resultant of two questions, namely, the question of the
amount of grievances, and the question of the power of the per
sons or parties aggrieved, because power is a right when no
higher law intervenes.
Case (2.) If the rebellion be an attempt to separate from the
Nation, then the two questions just mentioned, still come up,
namely, the amount of the grievance, and the power of the par
ties aggrieved : but other questions also come into the solution.
There is the necessity for, and certainty of, the birth and the
arising of new Nations, during all the course of time, past,
present and future : there is the probability that no such birth
of a new Nation ever will take place upon the mere abstract
grounds of its necessity, without having some grievance as the
immediate ground of it : there is the certainty that the greater
a Nation becomes, the less willing its rulers are to have it
severed, and the greater is their power of evil, and the more
severe they are apt to be, towards dissenters or rebels (except
ing the severity when two religious parties are nearly equally
balanced, and are determined " to war to the knife") : then
again, there is the certainty that, as long as human nature
continues sinful and imperfect, Nations cannot happily attain
their maximum theoretical size, previous to division ; charity
must make allowances for the imperfections of both sides; and
neither can the best nor the most competent rulers be obtained,
for the largest possible governments, nor can peoples be made
capable of submission to all, that charity might ask them to
endure.
CHAP. VII. BIRTH AND SIZE OF NATIONS.
1. In General.
Nations are begotten by three processes : one is, by outgrowth
from one Family and tribe ; another is, by the mingling to
gether of elements from a plurality of Nations ; and the third
is, by direct.separation into parts. The first process is the slow
and gradual work of ages, and seems to have been nearly con
fined to antiquity. The second process has occurred only in a
BIRTH AND SIZE OF NATIONS. 249
few cases, the principal of which are, the ancient English, and
the modem citizens of the United States. The third process is
like that in Zoology, termed by the physicists, agamogenesis.
Nations in a living progression must, ever and anon, be sub
divided. This is the same law we saw operating in the case of
Precincts, which are the chief types of Nations. The ever
increasing population of the world, creates the necessity in both
cases. The generation of all new Local political bodies, must
be by actual spatial subdivision.
Just as in the case of Individual beings, (according to Spen
cer), we have two kinds of generation, gamogenesis and agamo
genesis ; that, in which fructification takes place indirectly, by
means of germs or seed; and that, in which there is mere
growth of parts, and then mere visible subdivision of parts.
The generation of Corporations may be more or less by gamo
genesis, so also is the generation of special organs, but the
generation of the new geographical bodies, can only be by aga
mogenesis. Now, while both kinds of generation operate against
growth, yet the agamogenesis has almost an indefinitely greater
degree of such opposing force, than gamogenesis. (See Spencer's
Biology, 334 to 346). Hence by analogy we infer the neces
sity of national subdivision, in opposition to indefinite growth.
The only questions are, when to divide, and by what means.
Any person who is acquainted with history must know, that the
present division of Nations is not eternal, that in times back,
there were fewer Nations than now, and that the antithesis be
tween Growth and Generation has been confirmed by history;
so that when the division has been prevented by force, the
growth has been restricted ; and when the growth has been left
free, the division has occurred. The only questions therefore
are, at what density of population to divide; and by what
means, whether peace or war. (See above, and Mulford, that
recognition does not constitute th ' Nati > < .
Our problem here is only to determine the maximum size of a
Nation, taking its forms of government and all its relevant con
ditions, all of the most favorable i-.ind. Hence, every item Iqss
favorable than the ones we are about to give, will, or should,
justify subdivision at a less size than is found in our problem.
The maximum size of a legitimate Nation, depends partly
250 BK - IIL NATION. I. VII.
upon its form of government, and partly upon the average popu
lation and qualifications of suffrage in its Precincts, and partly
upon local conditions.
2. Conditions of Population and of Politics.
If there exist any form of popular representation in a Nation,
not consisting of the higher Corporations, the size must be
limited strictly by the average population and qualification of
suffrage in the Precincts ; because each Precinct ought to be en
titled to send one representative, at least; and the whole number
of representatives should not exceed 2500. These principles,
applied, will give a population of from twenty to one hundred
million as the utmost legitimate limit for a democratic Nation,
under a system like that prevailing at present in the United
States, or elsewhere; or practicable otherwise than by suitable
political " Corporations" of the higher kinds.
What science points to in general formula, may be expected
certainly, although it may not come exactly in methods that
science anticipates, nor for this or that particular reason. Hence,
patriots have no reason to suppose they can avert the results, by
refusing to arrange into small Precincts ; because, false divisions
and false " State" corporations of five million, and all other un
natural methods, only hasten the evil results, through metaphys
ical or moral causes, the exact forms of which of course cannot
be foreknown. And social science has no ability to look into the
FAB distant ages beyond, to inquire if any other subdivisions
may become necessary ; because, as said in the Introduction
and elsewhere, the science of society can never be very far in
advance of society itself. And ne\v subdivisions would bring
their own evils, which only the science of their times can treat.
The only practicable method the writer can see, whereby it is
possible to enable Nations to hold together, with larger popula
tions than are mentioned above, is the adoption of some of the
higher Corporation-systems proposed under that head. Possibly,
Nations might grow to as much larger size than the foregoing
representation of Precincts, admits, as the Precincts were divided
into political Corporations of thue higher kinds, UNIFORMLY;
that is to say, the same number of Corporations, and on the
same bases. But the practicable differentiation of such Corpo
rations, seem to be only a limited few ; consequently, the princi-
BIRTH AND SIZE OF NATIONS. 251
pie can only be expected to retard, but not absolutely prevent,
national subdivisions.
3. Conditions of Locality.
Again, the size of Nations depends not only on population,
and political organization; but also on conditions of Locality;
and on the relation of population and organization to Locality.
The larger the total Locality, the less the coherence of the parts.
Two kinds of condition of Locality enter into the question.
One, is the total space included, namely, the actual number of
square miles; for by it, the number of diverse interests and forms
are increased, and the possibilities of population, also. Never
theless, the other condition of Locality is quite as important,
namely, the linear distances of the extremes. This is impor
tant both for military and for civil administration. Whether
a country be 1000 miles long and 4000. wide, or whether 2000
miles in each direction, makes no difference in the total content;
but it makes a vast difference in its adhesiveness, the 4000 miles
linear distance giving perhaps only one-tenth the cohesiveness.
But the linear condition becomes still more important, when
its direction of latitude or longitude is brought into considera
tion. Because sameness of latitude, gives sameness of all the
natural productions, and therefore produces rivalry in all the
departments of industry. But linear direction along lines of
longitude, giving differences of latitude, so long as they are on
only one side of and not too near to the equator, give differences of
all the natural productions. These tend to produce the harmony
of industry. Incidentally also, they produce other vastly im
portant harmonies, namely, the harmonies arising from inter
changes for health, and for variety in study and in pleasure.
Isothermal lines have nearly the same effects as lines of latitude.
4. Applications to the United States.
The population of the United States is now (A.D. 1875) about
forty million, and doubling in about 17 years: hence, about the
year 1900, the population will probably have reached its utmost
scientifically legitimate limits. Even the present forty millions
is the highest limit, with our present political arrangements, and
with universal male suffrage at 21 years of age. Science can
give, except the higher political Corporations, only two alterna
tives here, either 1 ; to lessen the number of voters by increasing
252 BK - HI. NATION. I. VII.
the age or c ther qualifications required ; or to prepare to divide
the country amicably, by formation of a new Nation, of course
not between North and South ; dissimilar climates ; and making
territories three thousand miles long, and only five hundred
broad, but between East and West, making two, averaging
about fifteen hundred long, by one thousand wide. All our
extra stimulation to immigration, and all our hurry in " develop
ing the resources of the Great West," are tending to this result.
If you remove the seat of government west of, or even nearly to,
the Mississippi ; then when the division came, the West might
claim to be the original trunk, and charge the East with seceding \
The effort of the Westerners to move the Capital to the West,
reminds us of the efforts of the Southerners to capture Washing
ton. The tendency of increasing the numbers, races, classes or
sexes that vote, is obviously in the same direction.
Although increasing the age required for suffrage, may retard
the division for a generation or two, and our " Corporation"-
system, retard it much longer; nevertheless, the result seems
certain to come, sooner or later. Nor is it to be denied that not
only the good methods we propose, but also overwhelming des
potic power in the central government, might for a time continue
to hold the Union FORCIBLY together. But the evils of such a
despotism would probably be far greater than its good.
Improvement in public and private morality would also help
us. Because there is no doubt, that our increase of population,
and our increase of spread in distant localities, faster than Social
Science is able to provide for, or morality to purify, are the
great causes of our Southern, and Indian and Mormon wars,
and of the general demoralization both private and official.
These truths all combine to prove, that those ambitious persons,
who, in neglect of the true conditions, are working so hard to
" develop the resources of the Great West," and roll a tide of
immigration thither, are " cutting their own throats," as Union
citizens, and hastening the very dissolution they say they are
endeavoring to prevent. The fear of vast solitudes of forest
and plain, seceding ! What an idea !
Some writers are so full of hunting eternal or absolute argu
ments, to maintain the justice of our late war against the Confed
erates, and are so full of palaver about the absolute indivisibility
EIRTH AXD SIZE OF NATIONS. 253
of a Nation ; that they seem to have entirely forgotten that less
than a century ago, " our own Nation" was only a province of
the Nation of Great Britain ! and that we have acquired a
large proportion of our own territories, by purchase and by con
quest from other Nations. And such writers seem to have no
conception of the difficulties which their theories, could they be
believed, might produce, to Great Britain's giving us Jamaica, or
Canada; or Spain's giving us Cuba; and so on. And if their
views are sound, neither purchase nor treaties nor conquest, could
make a just or morally obligatory transfer of territory.
Most great Nations have repeatedly practiced on the principle,
of dividing their own or other Nations. And our Nation has
repeatedly acted on the principle that other Nations have a right
to divide ; why then should not our national constitution, as a
matter of theory, acknowledge the same right? Our constitution
grants the right of its "States" to subdivide, on certain condi
tions; and can it be that the superior power has really less right
than the inferior, in matters for which it is the legitimate organ f
The only peaceable method at present provided, is an alteration
of the constitution itself: but even that would be disputed by
the advocates of certain higher laws of nationality. True, the
time is far away yet for a proper division : but constitutions
ought to look far ahead ; and one of the good ways to preserve
a union peaceably, is to make a separation legally possible, and
thus let men feel they are not held altogether by force. When
will Mankind learn, that not in religion only, but in all the
deeper interests and affections, force is not the best reliance, nor
legal inability the best promoter of contentment? And our
object in treating this subject, is to promote the means which
will really tend to preserve the Union.
5. Provisions for Peaceful Subdivision.
The principal means for introducing the Christian process of
subdividing in peace order and friendship, are, firstly, Social
Science, and secondly, written constitutions.
The works on SOCIAL SCIENCE or International Law, which
omit to recognize and provide for the necessity of the peaceful
subdivision of Nations, are as far behind the age's wants in
Social Science, as the old statesmen, who think all disputes be
tween Nations must be settled by the sword, are behind the age's
254 BK - IIL NATION. I. VII.
wants in moral and religious science. The scientific provision
for such subdivisions, when they become necessary, is one of the
incidental lessons to be derived from our idea of the nature and
origin of Nation, as set forth in the previous part of this subject.
The remainder of the topic about the subdivision, contains no
theoretical difficulties, but only the practical difficulty and " un
pleasantness" of blood and war. Because, if subdivision can
only be accomplished by war, then the doctrine that rebels are
to be treated as "belligerents," brings them always under the
principles of international law, since they have then to be
considered as Nations "pro tern.," no matter how unjust or un
reasonable their attempt at separation might be.
From what is above said, it is inferable that the usual argu
ments are unsound, which, against subdivision, plead such ideas
as the Nation's right of eminent domain, or its right of the per
son, as against expatriation, and all those other minor kinds of
rights usually treated under international law. Such pleas are
unsound, because they all belong to a minor department of the
science ; and during an acknowledged " belligerent" rebellion,
are all held also in suspense, as only "pro tern."; and then are
all revoked "per se," by the success of a revolution having
subdivision for its object.
These views seem highly proper to be expressed now, because
nothing hinders the good cause of our national Union more
than specious but unsound arguments for it, and especially,
such arguments as would go to show that this or any other in
creasing Nation, must continue ETERNALLY undivided.
What remains for science to accomplish, is, to dispel the super
stitions, ghosts and hobgoblins, about the subdivisions of Nations,
and to provide for their peaceable accomplishment, in and by the
recognized constitution of each Nation respectively, and by the
doctrines of international law DE JURE. And vice-versa: And
this is the beauty of science. It is a good rule, " it works both
ways." The ascertainment, beforehand, of the true principles
and grounds of the subdivision of Nations, preserves society
from premature and unnecessary divisions, and from the vain
attempts thereunto ; and places such unnecessary divisions, or
the vain attempts thereunto, in the category of seditions, to be
recognized as such by international law, and all the world over.
PRELIMINARIES OF INTERNATIONAL LAW. 255
PART II.
INTERNATIONAL LAW.
CHAP. I. PRELIMINARIES OF INTERNATIONAL LAW.
1. Classifications.
Most of what has been said already, on the Nation as a Fun
damental Element, is applicable to this part of the subject, but
need not be repeated ; the relations to Mankind, particularly so.
And these latter relations will be further considered, when we
come to that Element of Social Science. Corporations also have
relations to the subject : because their full benefits cannot be
obtained without some modifications of international law : and
also because each is type of the other reciprocally ; namely,
Nation is type of Corporation, and Corporation is type of Na
tion ; and because the reciprocal relations of Corporations, under
our proposed system, would be necessarily more intimate, and
more similar to international relations, than even our inter-pre
cinct ones, and would therefore call for a more complete devel
opment and accurate statement, of international law, as type for
inter-corporation law, than even the inter-precinct relations did.
And so on the other hand, the inter-corporation law would throw
light upon, and develop and improve, international and inter-
precinct law.
This our Part II. of Nation, being a brief treatment of
International Law, may be prefaced by saying, that since it was
written, Mr. Field's valuable work upon the subject has been
published ; and to it the reader is referred. Let us introduce
our treatment of the subject, by giving the classifications and
outlines, from three long established works ; the first, French ;
the second, English ; the third, American, namely, VatteFs,
Twiss's, and Wheaton's: slightly modifying the classifications
however, in order to perspicuity and homogeneity. For the
sake of these modifications, and perhaps also for the sake of
saving the trouble of references; the reader will pardon the
selection of such familiar matter.
Yattel's work, although old, is perhaps the most interesting
256 BK - IIL NATION, ii. i.
and generally instructive, of any work on the subject extant.
Although, like the other old works, it contains a considerable
amount of matter which belongs to other and very different
departments of Social Science.
Vattel divides the subject, about as follows. (I.) Prelimi
naries. (II.) Nations considered in themselves. (III.-) Na
tions considered relatively to Other Nations. (IV.) Of War.
(V.) Restoration of Peace : And of Embassies.
(I.) Preliminaries. Idea and General Principles of the Law
of Nations.
(II.) Nations considered in themselves. State-Sovereignty and
its modifications. A Nation's duties to Itself. The constitution
of a State. The Personal sovereign. The succession of the
sovereign. Objects of a good government: (1) To provide
for necessities ; agriculture ; commerce ; highways and arti
ficial watercourses ; money and exchange : (2) Individual and
general felicity; piety and religion ; justice and polity: (3)
Self-defence ; national glory ; protection from or submission to
other Nations ; vacant countries. Public and Private Property.
Alienation of Domain. Rivers and Lakes. The Sea.
(III.) Nations considered relatively to other Nations. General
duties of humanity. Mutual commerce. Dignities and Equality
of Nations. Preservation of their security. Mutual justice.
Regard for Individual citizens. The Domain. Rules as to
Foreigners. Changes from the primitive communism. Modi
fications of the right of Domain. Usu-caption and Prescrip
tion. Public Treaties. Other Public Agreements and Conven
tions. The Faith and Obligation of Treaties. Sureties therefor.
Interpretation of Treaties. Termination of Disagreements.
(IV.) Of War. In General. Means and Officers of War.
The Just Causes. Declaration of War : and War in form.
The Enemy and his property. His Allies and Subsidies. Of
Neutrality. What is right to do in War. Of Unjust War.
The Voluntary Law recognizes both parties as having an equally
just cause. Acquisition and Conquest. Individuals in time
of War. Conventions and Agreements in time of War. Civil
War.
(V.) Restoration of Peace : and of Embassies. Peace and the
obligations thereto. Treaties of Peace ; Formation, Observ-
PRELIMINARIES OF INTERNATIONAL LAW. 257
ancc, and Breach thereof. Embassies, Ministers, and Ambas
sadors.
Twiss's works divide the subject as follows :
(I.) The Rights and Duties of Nations in time of Peace.
And (II.) The Rights and Duties of Nations in . time of
War.
(I.) The Matters of Peace are divided thus. Nations as sub
jects of Law. Incidents and modifications of international Life.
National State-systems of Christendom, and of Mahometan-
dom. Sources of the Law of Nations. Right, of Self-preser
vation : of Acquisition : of Possession : of Jurisdiction : of
the Sea : of Legation : of Treaty.
(II.) The Matters of War are divided thus. Settlement of
International Disputes. War and its Characteristics. Com
mencement of War. Rights of a Belligerent within Enemy-
territory. Rights of a Belligerent on the High Seas. On
Blockade. On Contraband of War. On the Enemy-charac
teristic. On Capture and its Incidents. Privateers. Rights
and Duties of Neutral Powers.
Wheaton's work divides the subject somewhat as follows :
(I.) Scope. (II.) Absolute Rights. (III.) Relative Rights.
(I.) The Scope comprises, the Definition, Sources, and Sub
jects of international law. The Subjects are Nations, and Sov
ereign States; which are described as two different classes of
Subjects.
(II.) The Absolute International Rights, comprise, Self-Pres
ervation and Independence ; Legislation, civil and criminal ;
Equality; and Property. And Property includes both the
right of a State to own for itself, and the right to rule over the
property of its citizens.
(III.) The Relative Rights, comprise Legation ; Negotiation ;
War; and Peace. And War may be considered, either as to
its Immediate consequences ; or as to ifo Subsequent ones ; and,
in its relations, ^to Citizens, to Enemies, and to Neutrals.
Now, regarding the various works of writers on this and on
other departments of " Law," and considering the distinctions
they continually draw, in the courses thereof, as well as the
main classifications which they make, we find that the sub
ject might be divided in all the following several different
17
258 BK - IIL NATION, ii. i.
ways : after allowing, in all cases, some one head for General
topics not classible under any other. Moreover, perhaps there
might be, in every classification, a place also for matters whose
position was doubtful ; but this we only suggest. We might
however divide into :
Absolute, and Relative rights :
Public, and Private rights :
Rights of Persons, Rights of Things :
Natural, and Positive Laws :
Principles depending on Locality, and Principles abstract
from Locality :
Internal, and External Affairs:
Affairs in Peace, and Affairs in War.
At any rate, all these distinctions ought to be discussed, and
applied to the subject, in the GENERAL Part of any thorough
work on it; which of course, our little article makes no pre
tension whatever, to be.
The classification we have adopted for the present essay, is as
follows :
FIRST : The Preliminaries of International Law.
SECOND : The Most General International Laws.
THIRD : Affairs in Peace.
FOURTH : Affairs in War.
And of these again, we make only a few brief subdivisions,
which will appear in their proper places ; and we introduce, in
due course, some of the antitheses above mentioned. The reader
will observe, that our General classification, differs from all the
others, principally in this, that ours provides one general head,
for all such matters as should properly be gathered together
under the term, Most General International Laws. The minor
differences of our classification, from the others, can only be
made plain, by comparing with them, our heads, as they will
arise in the course of our treatment. And if we succeed in
selecting the most salient points of the subject, and in con
densing and generalizing them sufficiently and clearly, we shall
have accomplished the utmost that we can hope in this field,
a field which is not peculiarly ours, and has been so ably and
diffusively treated by many writers.
There is no difficulty in applying all these principles of classi-
PRELIMINARIES OF INTERNATIONAL LAW. 259
fication, except War, to the relations between Precincts also.
Indeed, these principles, for the most part, and dropping for
malities, obviously appertain to every form or division of Local
government, from Empires down to townships, each to each.
In other places, we have suggested that this subject ought to
be considered in such an order, and by the consideration of
such general principles, as would in the main, apply to Inter-
PRECINCT relations, and also to Inter-Corporation ones, as well
as International ; and at the same time, point out the differences
between them. Because, much of what we propose on this sub
ject, especially what relates to neigJihoring Nations, is equally
applicable in principle, to the regulations between Precincts
established according to our theory: and excepting matters of
Locality, is also equally applicable to our proposed Govern
mental Corporations. We therefore need to dwell on this sub
ject of international law, at some length ; yet, can spare but
little space for it, except so far as it is connected with some one
or other of our special theories : and, rejecting discussions about
official persons, or diplomatic or other FORMS ; rejecting also, tech
nicalities, "positive" or arbitrary regulations, and other details,
aside from general principles more interesting to the general
reader. Indeed, the great want of the age, in regard to all
" law," is improved and really scientific and righteous classifica
tions, namely, real GEXERAL-izations and SIMPLIFICATIONS.
Because vice, error and stupidity, hide their heads behind
" musses," SPECIOUSNESS, and complication ; and so the genius
under words, appears as if it was the genius over things. But
we are, in this PART, seeking for such very general principles,
as will underlie Inter-Precinct and Inter-Corporation Law, as
well as International.
2. Foundations.
The real foundations of the law of Nations, as also the
foundations of all laws, are threefold. First, moral principles.
Second, arguments of utility. Third, consent ; and consent in
cludes both custom and compact. But when apparent differ
ences arise between these three principles, they can only be
settled by recourse to a higher science than th's, nimely, by
recourse to Moral Philosophy. But in our social science, the
arguments that may be based merely and only upon consent, are
260 BK - in- NATION, ii. I.
of much less importance than those based upon moral princi
ples, or those upon utility ; because one of the very objects of
our science, is to point out how the established order existing by
consent, is wrong ; and how and why it ought to be improved ;
yet with due respect to the transitional duties. And when the
question becomes merely one between Principle and Utility, our
theory decides to use Principle as the highest rule ; Utility as
only subservient thereto. But it decides thus, for the sake of
practical certainty and truth, whilst at the same time, it upholds
the idea that utility is always coincident with moral principle ;
but it feels itself incapable of demonstrating this coincidence
perfectly, in every particular case. And here is where our work
differs from most others, namely, in making comparatively much
. less account of argumentation from apparent utility. Our
supreme preference for principle over utilitarian argumentation,
receives however, an indirect corroboration, by the fact, that all
the languages of Modern Europe, as well as the old Latin, do
not use the term "Law of Nations/ 7 but the term " Right of
Nations, 77 as the phrase whereby to designate international
law. (Wheaton, 12). Mere consent in international law, is
no more than common law or statute law in the civil municipal ;
and is liable to be improved as reason, morality and progress
require, yet always with due regard to lawful expectations by
usage.
A practical difficulty arises here however, namely, to say HOW
the law of Nations is to be revised or improved. It will not do
to hold with Puffendorf, that usage is of little account against
theoretical argument; neither will it do to hold with some others,
that special treaties are the only methods of reforming interna
tional law. The true method of the reform, is, always to have
recourse to the principles involved, but yet always to remember
that usage, present expectations, and past contracts and arrange
ments, are necessary to be taken into the account, in order to
judge ivhat is the voice of the natural principle or "natural
law/ 7 in the case. And this is a mode of thought, that most of
the regularly trained " legists 77 seem unable to indulge in. And
yet, only thus can the distinction be stated truly, between "natu
ral law' 7 and the law of Nations. The legists study how to
make laws unalterable ar.d unavoidable, the social scientists
PRELIMINARIES OF INTERNATIONAL LAW. 261
study how to make laws progressive and improvable ; and since
between the old and the new, there always is a degree as well as
a time of transitional confusion, so far it must happen, that the
social scientists come indirectly in conflict with the legists. But
this conflict is proportionally very limited, because the occasions
and objects of it, form but a very small part of the aims or occu
pations of either class, either the legists or the social scientists.
The following classification (which is a different one from the
foregoing) will, perhaps, do something towards harmonizing the
different classifications that others have made, of the founda
tions of International law, by referring them to their different
relations to Consent : as Express, Presumed, Moral obligation
to, and Pressure to, Consent.
First. Express Consent. This embraces treaties, also the
manifestoes of one Nation to another, also the opinions and the
decisions of the officers and judges, in any particular Nations,
who have to meet international questions.
Second. Presumed Consent, in other words, Tacit Consent.
This includes Custom, or, as the English say, long usage ; it also
includes general interest or general convenience, as new occasions
arise in which custom has nothing to say ; it also includes a cer
tain high degree of self-interest or convenience, which no Nation
could be expected to relinquish, even for the general good, with
out compensation.
Third. Moral oflligation to consent.. This constitutes what in
our theory, are called the claims of Mankind ; so that we should
trace arguments upon this foundation, directly to Mankind, as
one of the original and eternal Units. This division of inter
national law includes, what others call the law of nature and
justice; it also includes the divine law, or equity, which is the
amelioration of justice by kindness, on the condition of mutual
ity. Both of these lead to the consideration of moral progress,
for the condition of mutuality means progress ; and the opinions
of wljat justice and equity are, vary with progress. And this
subject of progress, both by reversing old laws, and also by pre
senting entirely new circumstances, constitutes one of the greatest
practical difficulties of international statesmanship. The other
greatest difficulty, and that which seems to be pushing more and
more for settlement, is the relation of the highly civilized and
262 BK - IIL NATION, ii. i.
Christian Nations, to the heathen, both semi-civilized and bar
barian.
Fourth. Pressure to consent. This part of the subject is what
other writers would probably consider, under the head of, the
means of execution of international law. But we may retain
the reference to consent ; inasmuch as inflictions on Nations, ac
cording to international law, are not intended as punishments,
but are intended as forces to coerce consent ; and inasmuch as it
makes a neater and more uniform classification, to retain some
modification of consent, as the basis of this Fourth division, as
well as of the preceding three ; and also because the fear of re
course to pressure, is often one of the leading motives whereby
backward or selfish Nations, are induced to accord with improved
laws, although nothing is said about such fear ; and, therefore,
pressure may be classed as one of the foundations. For, the
theory of the equality of Nations, only extends in practice, to
etiquette, and hardly to that.
These pressures to consent, consist partly of reprisals, and
partly of treaties excepting the offending Nation from some of
the usual privileges or honors of Nations, or excepting its citi
zens from the common privileges of travel or trade ; also entire
non-intercourse, and in the last resort, war. Although in the
Synthetics we are to take pretty strong moral ground against
war, yet in the Analytics we must treat it as a reserved right.
3. Sources.
The sources of international law, namely, its law documents,
are summed up (by Wheaton 15,) into six, and may thus be
condensed : -(1) " Text writers of authority, snowing what is
the approved usage of Nations, or the general opinion respecting
their mutual conduct, with the definitions and modifications in
troduced by general consent. * * * They are generally impar
tial in their judgment. They are witnesses of the sentiments
and usages of civilized Nations. * * * (2) Treaties of peace,
alliance and commerce, declaring, modifying or defining the pre
existing international law. * * * (3) Ordinances of particular
States, prescribing rules for the conduct of their commissioned
cruisers and prize tribunals. * * * (4) The adjudications of
international tribunals, such as boards of arbitration and courts
of prize. As between these two sources of international law,
PRELIMINARIES OF INTERNATIONAL LAW. 263
greater weight is justly attributable to the judgments of mixed
tribunals, appointed by the joint consent of the two Nations be
tween whom they are to decide, than to those of admiralty courts
established by and dependent on the instructions of one Nation
only. * * * (5) Another depository of international law is to
be found in the written opinions of official jurists, given confi
dentially to their own governments. * * * Where an opinion
has been adverse to the sovereign client, and has been acted
on, and the State which submitted to be bound by it was more
powerful than its opponent in the dispute, we may confidently
assume that the law of Nations, such as it was then supposed to
be, has been correctly laid down.* * * (6) The history of the
wars, negotiations, treaties of peace, and other transactions re
lating to the public intercourse of Nations."
Here is to be mentioned another source of international law,
namely, the moral and benevolent organizations, especially the
religious ones. Ancient Rome had, as it were, a special band of
officers to supervise and execute international law. It was a sort
of religious body, as it also performed the religious and sacrificial
rites of the occasion, viz., the collegium fetialium. During the
Middle Ages, the Popes were often appealed to as authority in
international affairs. And probably after all, science will not
dispense with, but rather point us back to, calling into exercise
some organs of the church, as the best and truest cosmopolitan
judges, and the most reliable representatives of the rights of
MANKIND. International disputes can be settled, and wars pre
vented, only by reference to the highest principles of human
nature, and under decisions by the most reliable men. The
Christian church, therefore, may be enumerated as one of the
undeveloped organs or sources of international law.
Another source of international law, would be the literature
and the legal decisions, that would arise, in the actual develop
ment of the system of Precincts, such as we have proposed.
This system develops fresh from nature, and ever receives fresh
life and direction from nature, aided at the same time by all the
other organs and sources of international law; all acting sponta
neously and closely in unison with nature, but with the element
of war or physical force excluded, by the peace functions of the
Nation over them.
264 BK - IIL NATION. II. I.
Our proposed system of Corporations, would also develop the
same principles, as international law, and would thus be another
source of it.
We do not pretend to state what the law of Nations actually
is, so much as, what it OUGHT to be. Our sketch, then, is rather
an ideal of what natural and Christian international law ought
to be, as to its substance, but of course not, as to its form. But
this ideal is to be all along subjected to such modifications as
mutuality may require. The Christian ideal when presented as
a political rule, generally depends in part upon the condition of
mutuality. Mutuality of international obligations, is secured by
two means, one is negotiation or treaty, the other is the actual
law, as the same is acknowledged and made unequivocal. Hence
in international law, there is comparatively less respect due to the
ideal, than in municipal law ; and more respect due to the actual.
For municipal law, being more thoroughly instituted into the
common thought and common life, of Individuals, is supposed
to occupy, and does in fact occupy, much of the position of a
moral ideal. Another reason of the difference is, that the mu
nicipal law forbids battle among its suljects, and presumes peace
as its ground of operation. But international law acknowledges
war, and provides for it, and is chiefly occupied either in pre
venting, or conducting, or concluding war. Nevertheless, we
present our sketch of this ideal in its radical form.
Now, coming down from the abstract to the concrete, of course,
the Law of Nations, among European, and even among Chris
tian Nations, has had a historical origin. Nations having had a
common origin, traceable by history, or having had intercourse
for many centuries, will have a connection between their Law-s
of Nations, their laws of mutual intercourse, more than in any
thing else, at all common to them. Historical divergencies in
language, in religion, in customs, in dress, &c., will all be marked,
and generally tend to farther divergency : but the Law of their
mutual intercourse, must necessarily tend towards a constant ap
proximation, after they emerge from that obscurity and mutual
repugnance which envelop their origin as Nations. Hence, as
regards the Law of Nations, there is more agreement, than as
to what compose the fundamental principles of Christianity
itself. So that this Law is a " positive 77 law, but yet an " irn-
MOST GENERAL INTERNATIONAL LAWS. 265
perfect" one, owing to its having neither a legislative, a judicial,
nor an executive power to enforce it ; nor is any such likely to
arise just'y and properly.
But in this Law, just as much as in Christianity, we ever have
right to appeal from history to the original authorities, and thus
to discuss what it OUGHT to be, as well as what it actually is.
And whilst most writers discuss chiefly or only, what it is, surely
here and there an isolated one, has righ to discuss what it ought
to be.
CHAP. II. MOST GENERAL INTERNATIONAL LAWS.
1. Leagues.
The right of Nations to form leagues or confederations, has
been sufficiently advocated above, under the Kelations of Na
tion to Mankind. But such confederations, if for offensive
operations or offensive war, would belong to the War part of
the subject. But defensive alliances would belong to this Gen
eral part, because their principal tendency would be towards
peace. Yet defensive alliances could not be considered as be
longing to this part, if the privilege of Individuals to do, much
as they please, in other countries, continues to be maintained.
Because, under that theory, invasion or Offensive War, is some
times the only method of defence of citizens accounted abused
by foreigners. But viewing the privilege otherwise; consistency
with our own theory requires us to mention this subject of alli
ances in this place, so far as it belongs at all to international law.
2. Treaties.
In International Law, Treaties fulfill nearly a similar exten-
siveness of function, that Trusts do in the civil law, or that
"state-rights" do in the Nation; namely, they can accomplish
every thing not specially and clearly forbidden by some higher
law. And therefore we need not enter into particulars; The
most difficult part of the subject really, is, what relates to the
continuity of treaties, namely, what reserved rights remain in
either party alone to annul them, and the effect that war has
upon them.
In regard to the reserved right of revoking them, the fact or
element of coercion in forming them, cannot be pleaded as a
sufficient ground for non-obligation, because then, the means of
266 BK - IIL NATION, ii. ii.
peace would be greatly weakened, for as Dana says, "coercion
* * * is of the essence and idea of war."
On the other hand, absolute perpetuity of promises for the
future, cannot be included, because in history, the changes of
Nations are too great, and their lives too long, to allow any such
preposterous claim. Perhaps the best rule would be, to adopt
a limit of time for promises of future action, a new sort ;f
"statute of limitations," say the average length of the life of
Individuals, namely, 33 years, as the duration of the obligation,
because then the average race of Individuals would have changed.
It would not be admissible to allow the express use of the word
" forever," or other similar term, or other dodge of the legists, to
interfere seriously with this rule, because the unscrupulous con
querors would always insert such terms. At this point however,
the decision of a congress of Nations might be allowed, as a
new sort of "seal," sufficient to lengthen the duration of the
promises of a treaty, perhaps to a century, but scarcely any
longer, excepting, of course, treaties for the permanent transfer
of territory ; including within this exception, also, the treaties
which acknowledged the birth or independence of Nations, or
any thing else which from its very nature implied perpetuity.
The question is raised, how far war, the mere fact itself,
annuls treaties. In general we would say, war revokes the
contents of previous treaties. But to this there are several ex
ceptions, namely; stipulations in regard to the conduct of the
next ensuing war; stipulations as to actions that had been ac
complished and finished before the breaking out of the war ;
stipulations in regard to which disputes had arisen and had been
prominent causes of the war. This last mentioned exception is
disputed by some modern authorities ; still, it depends upon the
obvious principle, that the differences which had caused the war,
Would naturally be, either provided for at its conclusion by
treaty, or else were to be dropped; which could only be the
understanding, by regarding the previous treaty stipulations
revoked, and the questions then at issue, to be solvable only ac
cording to the general principles of the law, apart from special
ties of treaty.
Other disputed points will be settled by adopting the princi
ple, that the effect of war on a treaty, is to be judged, not by
MOST GENERAL INTERNATIONAL LAWS. 267
the general nature of the treaty, but by the particular stipula
tions therein, each such stipulation requiring a separate judg
ment. For instance, the treaty of peace and recognition of our
nationality by England, in 1783, contained also a stipulation
granting certain rights of fishery in the British dominions.
Now the question is, whether the war of 1812 revoked that stip
ulation. Politicians and " patriots" say, no ! But the writer,
contrary to the common American assertion, must admit that
this stipulation was annulled by the War of 1812. But, had
the dispute in question been one relating to a previous stipula
tion about boundary, or title to property, or other finished fact,
IT would not have been revoked by the latter war.
If, however, the war were caused by a Nation's express re
fusal to continue fulfilling stipulations, which it had previously
and evidently performed, and it should throw down the gaunt
let of war as the alternative, such a Nation would of course
revoke its assent to the treaty, and would thereby forfeit all its
rights and claims under it. And if, in the struggle of war, it
should be permanently defeated, this defeat would revive the
rights and claims of the conquering Nation, without reviving
those of the defeated Nation, any further than the conqueror
voluntarily allowed, or than the general law of Nations, apart
from the treaty, required.
Again, if a part of a Nation rebels, and sets up its own inde
pendent government positively, it thereby ceases to have any
rights other than if it were a really independent Nation ; be
cause such action binds itself, but it does not bind the other
party. Hence, if the revolted part, is positively and perma
nently defeated, the very best view that can be taken of its
rights, is, that they are only the rights of a defeated Nation.
In such a case, the old constitution occupies the same relative
position, as an old treaty, namely, binding upon the defeated
party, but not so upon the conquerors.
The most that can be asked for a " belligerent," is the right
of a Nation a pro tempore." But if the "belligerent" succeeds,
and treaties of peace and acknowledgment are made by the mili
tary authorities, in good faith to all, then such treaties are bind
ing upon the old Nation, no matter what the old constitution
or laws may have said. Because, if the old Nation is defeated
268 BK. III. NATION. IT. II.
as to the object of the war, then treaties made with its military
power, must be binding upon it, as to that object; and all old
articles and laws to the contrary, can now be considered as
having been only " pro tempore" as to IT.
The next question about treaties is, whether one Nation con
tracting, is bound to look to all the concurrent powers of the
other, which are necessary to complete the treaty. The answer
would seem justly to be, that the first named Nation is as much
bound to know the one part of the other Nation's rules and
powers, as it is the other part. This question comes up in a
serious difficulty existing in the constitution of the United
States; inasmuch as the President and Senate are. invested with
the treaty-making power ; but yet, if the treaty require the pay
ment of money, or any positive legislation, it cannot be completed
without the co-operation of the House of Representatives. But
that house does not always accord with the other. What then
is the right principle ? The answer according to fairness and
equity would *seem to be, that " the .house" has the right to re
fuse its concurrence, when, and only when, either the President
or Senate, or the foreign contracting power, had reasonable evi
dence to believe the house was in fact AVERSE to the measure.
The contrary rule would take away the independence of the
house, which is one of its essential elements. Not the question
of constitutionality, but the question of opinion of constitution
ality, may be brought in, as well as of expediency. This seems
plainly to be equity in all cases .where the powers of parties are
concurrent, as also in the case of Individual partners, in any of
the common businesses of life.
The case is, as if three partners are engaged in any business,
under a general agreement, giving each his appropriate func
tions to perform, then, any two partners are not bound to
hesitate in every performance of their proper function, to STUDY
whether the other one would approve, but, on the other hand,
neither have they any right to do that which they KNOW is
against his approval, especially when his active co-operation
in some subsequent act, in his own appropriate department, is
necessary to complete the transaction.
But to give less right than the above, to the treaty-making
powers, would be to trespass on the rights of the Senate and
MOST GENERAL INTERNATIONAL LAWS. 269
President ; although in matters that really would allow of long
postponement, and of uncertain conditions ; it would be the duty
of the treaty-making power to insert an express condition, " pro
viding that the House of Representatives concur." But, the
question .whether any matter would allow of such postponement
a id conditions, the Senate and President are the proper judges
of, provided they exercise their judgment in good faith.
3. Eminent Domain.
The subject of Eminent Domain, perhaps, belongs to the con
sideration of the rights of the Individual-Nation, which have
been argued above; but so long as there remains any part of
the Earth, of which the claim of Eminent Domain is not yet
settled, nor granted to some of the civilized and recognized
Nations, so long it may be proper to retain the subject under
this head. Other writers would find another reason for. consid
ering Eminent Domain under international law, namely, the
consequences of their theory of "do as you please in other coun
tries," which continually brings the believers of it, in conflict
with the " eminent" rights of foreign Nations.
The right of Eminent Domain comprises; (1) The sponta
neous right of ownership to all property not personally, nor
otherwise appropriated, whether land or water, navigable or
otherwise, appropriable by Individuals or otherwise ; (2) The
right to purchase fairly, and to build, manufacture, improve and
hold, all property real and personal, necessary for the perform
ance of its functions of government ; (3) The right to collect all
reasonable and necessary taxes, for the due performance of its
functions ; (4) The right within its own boundaries, of govern
ment, as excluding other Nations; and the right of fixing its
own external boundaries, exclusive of Precinct-interference; and
(5) The right ef reasonable and necessary, but only very general
control, over all governmental proceedings within its geograph
ical boundaries, even as against its own Precincts. (6) But
when the question of division of the Nation arises, this of Emi
nent Domain has no power over it ; as has been shown above ;
for the question itself INVOLVES A DIVISION OF THAT RIGHT.
In all these rights, \ve can readily see, that in due submission
to nationality, Precincts have, or ought to have, in regard to
other Precincts, similar concurrent rights, each within itself.
270 BK - IIL NATION, ii. ii.
Nations far in advance of others in civilization, assume on
discovery, the right of government, and even of the property of
the land, especially of nomadic or roving tribes. The right to
the land, as to its settlement and cultivation, depends upon the
rights of the unit Mankind, and especially upon the need that
arises, because of the filling up of the Earth with population.
The right of government by the very superior Nation, depends
partly on that of the land, and partly upon an almost universal
superiority, intellectual and moral.
Now, the " Monroe-doctrine," is a partial claim to Eminent
Domain, as against all the other civilized Nations of the Earth.
Striking indeed is the coolness and assumption of ten or twenty
or forty millions of people, saying to all the rest of the civilized
world, we take one whole quarter of the Globe as our heir
loom; and no other Nation shall send its national organ into this
Quarter, to rule the savage and half-civilized tribes, that we
are not willing to rule, and not able to receive without ruining
ourselves ; nor indeed do we know what to do with them. All
the Individuals of your civilized Europe, may indeed come here
as Individuals, if you will go through the political sieve of our
uniformity, and swear allegiance to our nationality, and to our
claim to this Quarter of the Globe-heir-loom. Such a mode of
discussion may be patriotic or democratic, but it can hardly find
either precedent or justification, in eternal principles of Interna
tional Law. Bat as a temporary expedient, to prevent wars be
tween Ourselves and Europeans, the position may be tolerable,
until better policies than War shall prevail, and better civil gov
ernments, in Europe and elsewhere. But what a doctrine to be
proposed as an eternal principle of Social SCIENCE ! And yet,
it is our non-interference in European aifairs, that reconciles
Europe to refrain also from interference with us. Besides,
European Nations have nearly all of Africa, and large parts of
Asia, convenient for them to carry their power and civilization
thereunto; and this gives us an equitable claim to a similar
development on this continent. f
On the other hand, the right must be admitted, of every civ
ilized Nation to establish restrictions sufficient to prevent foreign
Nations, not at all homogeneous or friendly to it, from establish
ing themselves too near it, or in a part of its probable dominions.
MOST GENERAL INTERNATIONAL LAWS. 271
But these questions of homogeneity and friendliness, involve the
subjects of religion and morals and race, as well as forms of
government ; and our government cannot cope with these topics.
The recognized right of taxing foreign commodities, together
with the necessities of defence, justify every Nation in a claim
of exclusive control over several miles width of the sea-coast :
the rest of the sea is held as common property. Since this law
follows a coast as it fills up, instead of giving a fixed line, it
seems to be expressed in the best manner.
4. Arbitration.
This topic is placed here, merely because its great prominence
in the public mind at present, would be apt to lead readers
to look for it somewhere under the head of Nation. But in
our classification, the proper place for arbitration is under our
head " CIVIL GOVERNMENT" ; where arbitration comes up, to
gether with juries, and the other methods of settling controver
sies and administering law. Nor is arbitration any better fitted
for national affairs, than it is for Precinct or Corporation or In
dividual ; howbeit, it is the best method in all cases : and one
of the great problems of government, is to devise methods of
making it practicable and regular, more or less in all. We have
touched upon it in Summary Introduction II. X.
5. Naturalization (Indicated) .
In this general place, perhaps, rather than elsewhere, the
subject of naturalization, and its counterpart, de-naturalization,
ought to be considered. This seems to be the case, because nat
uralization, although generally accomplished in time of peace, is
generally disputed, if at all, in time of war. Another reason is,
that according to our theory, the right of naturalization in a
neutral Nation, ought not to be interrupted in time of war, if
the consent of the adopting country can be obtained ; because it
is often needed, then, both by Individuals and Families, rather
than at any other time. But since the discussion is lengthy, and
would interrupt the course of thought we are pursuing, and
because it takes a wider range, we have treated it as a separate
Division, namely, Part III. of the Nation.
As to the right sometimes assumed, of a Nation, to recall its
citizens from a foreign country, the claim is slniply a preposter
ous tyranny against the rights of the Individual, if interpreted
272 BK - in. NATION, ii. in.
to mean anything more, or the disobedience to the command, to
be punished any heavier than by a mere de-naturalization of
the absentee, and perhaps by an order not to return.
6. Forms.
~No settlement of great international disputes can be made,
until all questions of form become absorbed in the great ques
tions of spirit and truth. A people may dispute among them
selves, whether a case shall be decided by forms or not, in dis
regard to truth and righteousness; but may not dwell much
upon such a consideration, in a discussion with a foreign Nation.
The question with us, for instance, is, not at all, whether the
Alabama got to sea in due form of laAV ; but, the facts of our
injuries. And on the other hand, when a criminal escapes from
one country to another, as frond England to this country, the
question is, not whether he ought to be held by our forms , but
the question is, whether he is probably guilty.
The question about forms of proceeding, in international law,
may be settled simply thus : that all forms valid in their Locality,
should be valid in other Localities, as to all acts and proceedings
previous to war, or litigation, as the case may be ; but that after
war or litigation, and for the proceedings therein, the forms must
all conform to those of the government for the time being, of the
Locality where the property lies, if the case be of property; or
where the persons are held, if the case be of persons.
CHAP. III. AFFAIRS IN PEACE.
1. Property in General.
Having thus touched upon the consideration of the most
general international laws, we consider next the particulars,
separately: Of Affairs in Peace: And, of Affairs in War.
We come now to consider that part of the law, which relates
to affairs in Peace : also in two parts : Of Property : Arid,
of Persons.
The general rule of property is, or should be, that all property
real and personal, must be awarded according to the laws of the
location wherein it is situated. To which there are two classes
of disputed exceptions. One class of disputed exceptions, is,
where both the litigants are citizens of a foreign country. But
even th's exception cannot be pleaded for "real" or immovable
AFFAIRS IN PEACE. 273
property, and therefore it should not be for personal property;
because, according to our theory, there is no longer any radical
political distinction of right or expediency, between those two
kinds of property, in most modern and civilized countries.
The other class of exceptions, is that of the estates of deceased
persons. In this case, justice seems clearly to say, that where
the deceased leaves a will, it should be held valid if legal EITHER
in the place where it was made, or in the place where it was to
take effect. For we cannot know which rule the testator aimed
to conform to. This should be the rule, except that particular
bequests in conflict with local laws, should be construed as if of
an intestate there ; and that when the deceased dies intestate, the
property should be awarded, one half according to his own
Nation's laws, and the other half, according to the laws of its
location.
In all cases regarding property " situate" in one country, when
the decision made in another, requires for its execution the aid
of the one in which the property is situated, the voluntary
concurrence of this one, ought to be obtained. And it is the
undoubted right of any Nation, to judge of the justice of any
decision which it is required to forcibly or legally execute ; and
if any of its own citizens are affected thereby, it is its duty to
judge thereof.
2. "The Tariff."
The right of tariff on foreign trade has been universally recog
nized : but this subject will be considered under the element
PKOPEETY. We may however say here, that international law
only requires mutuality ; and mutuality consists, not in uniform
ity of particulars, but in mutuality of spirit. It must have re
gard to the past proceedings, and also the present condition of
both countries. It must also embrace the consideration, of the
tariffs of all the other countries with which each has commerce.
All these considerations combine to make the resulting decision
possible, only in a general spirit of friendliness and reciprocity.
3. The "Person," in General.
The claim of any Nation, to prevent its citizens from emi
grating, although still maintained, is entirely contrary to our
whole theory, and especially to the principle of Individual
selection, and to the Christian spirit, as well as to the wisdom
18
274 BK - in- NATION, ii. in.
and progress of modern times. We can only regard Nations as
having the same essential rights as Precincts, allowing for the
increased size, and for other evident facts and necessities. It was
formerly held, that a Nation had a right to recall its own citizens
from a foreign country; but the United States have exploded
that claim as made by foreign Nations. Nevertheless in the Great
Rebellion, laws were enacted forbidding citizens to leave ; and
a public spirit was fostered, that it was even the duty of good
citizens to return!
The Nation, you say, has the right of control or guidance over
all residents, whether its own citizens or foreigners. If so, then
other Nations besides the United States have this right. But
the government and people of the United States are continually
trespassing on this right, and thus making and maintaining
enmity among foreign Nations. But the right itself, if claimed
by a semi-civilized people over a fully civilized one, would be
disputable. Moral considerations cannot be ignored on this
subject.
But alas ! what shall we say, when a religious teacher enters a
foreign, highly civilized country, but of an opposite religion;
and there publicly teaches his religion, contrary to the laws of
his then residence ? The answer of modern civilization must be,
to allow this teacher, providing his religious sincerity is admis
sible, even if his religious teachings seem to us to savor of
immorality. Any other doctrine would have been good against
Christ, and his apostles; and against religious reformers gen
erally. And the same principle might partly apply to INTER-
PRECINCT travelling preachers. The case is involved in much
difficulty.
In cases regarding PERSONS, no division or apportionment,
such as occurs in regard to PROPERTY, is conceivable, except in
the claims of marriage.
In regard to the claims of husbands or parents, in a foreign
territory ; no country ought to be held bound to deliver up a
woman or child, contrary to its own principles ; for such a course
is horrifying to the best feelings of human nature, destructive of
the human rights of the persons forced, and to the national rights
of home. And the same may also be said of claims for personal
services, in order to a condition anything like slavery.
AFFAIRS IN PEACE. 275
4. Specialties in Marriage and Divorce.
In cases where the marriage is disputed, in a different country
from where it is alleged to have been contracted, the ordinary
international law seems utterly at fault. And judges and juries,
in response to the voice of humanity, sometimes decide such
cases according to the principles of justice and common sense, in
defiance of all " law."
One very hard case is something like this. A Protestant man
A is openly married to a Catholic woman B, by a Catholic priest
in country A-B. They live together (and have children) many
years in honorable marriage, no one questioning their honor or
virtue, although an old antiquated law existed, that required the
Catholics, in such marriage, to go through some formalities of
deference to the other religion, ruling in the said country A-B.
Well, after a time, A marries a woman who is perfectly aware of
his former marriage, and then removes to country CJ without his
first Family. Then B, with the Family, follows, and claims
alimony for herself, and maintenance for the children. In such
a case, the usual international law seems entirely against justice,
and on the side of the second alliance.
But our whole theory easily settles the question differently,
and upon several grounds. Firstly, our Summary Introduc
tion demands that we jump out of the tangle of prescriptions,
and go back to first principles. Secondly, our theory of inter
national law demands that forms be absorbed by the essence,
spirit, and truth. Hence, forms can only be introduced into the
methods of proving the marriage, but not into the methods of
its original contraction. Thirdly, the Family, according to our
theory, is an eternal, absolute Unit of human society. Hence,
the voluntary and deliberate act of the competent parties, as in
tended to be understood, each by the other, is binding upon them
personally, no matter what positive laws may say to the contrary.
Forms or "positive" laws can only be binding upon other persons,
or for real estate in and of the country concerned. Fourthly,
the law of country A-B in such case was a law promotive of
fraud. And if the man A, from the first did not intend to
continue bound by the alliance, then he was culpable of fraud,
and the law as to him was a law^of fraud ; and we know that
in " law," fraud vitiates any transaction. Therefore no inter-
276 BK - HI. NATION. II. III.
national or treaty law, can bind to uphold for any Nation, such
a law of fraud. Fifthly, whatever disobedience of form, against
the laws of their own country, A and B and the priest com
mitted might be punished in their own country, even to the
loss of citizenship there, if that Nation chose; (but cannot
reach as a crime, unto international relations, in any manner;)
yet not to the destruction of life, of the Individual nor of the
existence of the Family relation, because of the eternal rights
of the Six Units.
The subject of foreign marriage and divorce, resolves itself
into two parts, which have just been treated of separately,
namely, Property and Person. But to be more particular:
the case occurs, of citizens of one country marrying within an
other country, whether emigrating thither purposely to marry
in contrariety to the laws of their own country, or not. The
French law ignores such marriages. But according to our
theory, as mentioned elsewhere, such disobedience, instead of
affecting the marriage, should affect the citizenship. In brief,
all disobedience of one's own Nation, and recourse for exemption
to another Nation, should be held to be an irrevocable, or at
least an absolute, abandonment of the former citizenship.
But in cases of DIVORCE, more complicated questions arise.
When person A resides in country A, and consort B gets a
divorce in country jB, contrary to tne laws of A, such a divorce
should have no more authority over person or property in A
than waste paper; except by a statute of limitation for the rela
tions of " person" only.
The question, what authority should such a divorce have in
country C, is answerable by only one of two principles, namely,
either by a compromise, such as acknowledging the divorce as to
the person, but partly refusing it as to property; or else by
establishing some " positive" or arbitrary rule. But such posi
tive rule, however, should be of the essence of the compromise
above mentioned, or it would be an " arbitrary wrong."
The civil law seems to regard removal from one Locality to
another, made purposely to obtain either marriage, or divorce
contrary to the laws of the first place, as fraudulent, and
therefore as vitiating all the proceedings in the view of the first
place. It may be admitted that such a ruling would be sound,
'
AFFAIRS IN PEACE. 277
under a system of laws founded directly upon nature and moral
right, and not upon prescription. But such a ruling, under
present " law," is merely a technical dodge of the legists. Pur
pose to avoid law, fraudulent ! when yet the thing to be done
itself, and all the proceedings step by step, are according to law !
The fact is, it is only when the things themselves, for instance,
cheating the creditor, gambling, &c., are themselves wrong under
any proceedings, that the charge of fraud arises under the special
proceedings. And the assuming that a divorce, for instance,
was itself wrong, is ignoring the right of all other Localities to
form their own opinion thereon.
5. Transgressors.
In regard to transgressors of law, whether criminal, civil or
political, the writer cannot see why it has ever been doubted,
that in general among admitted equals, every Locality has a
right to keep its own peace, by its own laws ; and that if for
eigners do not like those laws, they should keep away. The con
trary cannot be maintained, only so far as the Nation interfered
with, is held .to be/ar inferior to the other, in civilization and
rights. And even then, the right of the inferior, should only
be interfered with, so far as its exercise was actually barbarous.
But alas ! this rule would " interfere with trade and travel" and
" manifest destiny," and so on !
The idea that the "flag" should protect persons engaged in
transgressing the laws or comities or equities between Nations,
is absurd as well as unjust, and if thoroughly carried out, would
establish and protect piracy, as effectually as the laws and cus
toms of Tripoli, which produced our war with that power. The
public may rest assured, that quite other than the apparent or
alleged reasons, are the real reasons for our national policy and
dogmas on this subject.
It is disputed whether a Nation is bound by natural law, to
surrender fugitives from justice, to the Nation in whose jurisdic
tion the crime was committed. Now, supposing laws to be in
tended to prevent crime, the solution is, if the forsaken country
inflicts the greater punishment, that is, if it regards the crime
as of a deeper kind, the duty of return might be more easily
admitted in logic, but would be less likely to be allowed in prac
tice ; but if the adoptive country inflicts the greater punishment,
278 BK - IIL NATION. II. ITT.
evidently it is not morally bound to give up the fugitive, upon
the old principles ; else, where is the right of a country over all
its residents, or its right to defend itself from criminals ? Yet,
in this case, the claim would be more likely to be allowed in
practice. But in fact, the question depends at least equally as
much on the citizenship of the injured person, as on the nature
of the injuries, and also on the contiguity of the countries in
question. The foregoing very general principles may readily be
understood so as to apply to political offences, as well as to nat
ural or moral ones ; except when the forms of government or
political and religious structure, are essentially different, and
antagonistic in their nature.
The principal justifiable reason for the return to the forsaken
country, is the greater facility of conviction and punishment.
But the facility does not always depend on such a condition as
foreign or not ; but partly on conditions of local distance, and
partly on many metaphysical and moral circumstances. Even
the expenses of witnesses, depend more on distances and modes
of travel, than on flags or nationalities. The great desideratum
is the establishment of such procedures, as shall insure the pun
ishment of criminals, by some power and somewhere, by law,
no matter much, where or by whom. Furthermore, in some
countries, and even in some Precincts, conviction and execution
of a sentence for crime, are very uncertain, whatever may be the
evidence; whilst perfect evidence is rarely to be obtained any
where.
On the other hand, when the forsaken country accounts deeds
as crimes, which the adoptive country does not account so, the
rule of course would be, not to surrender the fugitive at all.
Upon this principle, political offenders are not subject to return.
But th is exception should apply only when the offenders are citi
zens of the country wherein the political offence is committed :
because we must allow to the citizens of every country, a degree
of right to revolution therein, which we ought not to grant to
other persons, whose very object in going there, perhaps was to
aid in revolution, and above all, this exception should not
apply, when the offenders are proper citizens of the country to
which they return after committing political offences in a foreign
country; because the exempting such offenders, is in effect,
AFFAIRS IN PEACE. 279
making every country a kind of base for military operations
against, and for revolutions in, every other country.
What then shall we say of the amity or friendship exhibited,
when a great Nation, not only pleads for the release of persons
imprisoned in a foreign country, for attempts to excite insur
rection there, but actually passes a resolution welcoming their
.return, and allows its largest metropolis to give them an official
reception and ovation, on their return home ? And what would
we have said, if the government of England had urged in that
manner, for the release of our Southern rebels, and then having
succeeded, the city of London should have given them an offi
cial ovation ? and that too, at the very time they were bullying
us to pay some disputed private claims arising in a previous
war, and had even just recalled the second of two Ministers,
because of their not pushing such claims with sufficient vigor ?
The term " Insult" would not begin to express our indignation.
And the question becomes really contrary to all scientific expla
nation, when we remember that the persons so offending, had
been originally citizens of the country wherein the offences were
committed, but had become naturalized in and sworn allegiance
to this great country, and then had gone back from it, full of
true love and patriotism for their ORIGINAL country, to stir up
rebellion against its government !
It is here to be remarked, however, that leagues among con
tiguous Nations, to be durable and peaceable, ought to contain
stipulations to return, at least the worst or most visionary polit
ical fugitives, as well as civil criminals ; otherwise the territory
of either party, is at all times liable to be made the base of vol
untary or private operations against the other. This is true,
whether the contiguity is physical or metaphysical. These are
some of the cases in which special confederations are needed,
between such contiguous Nations. And if the rule could not be
made to apply to all the LARGE rebellions, it might at any rate,
apply to the petty rebellions, that have no pretence of claim for
recognition as belligerency.
Perhaps the refusal or reluctance of a Nation to surrender to
its neighboring Nation, the political fugitives who had needlessly
disturbed its peace, might be circumvented lawfully by the fol
lowing method : The Nation liable to such disturbances might
280 BK - in. NATION, ii. iv.
enact a law, that* all such persons should be held to a certain
length of service in its military or naval forces. Such a law
ought to be sufficient, because even the United States govern
ment acknowledges that its naturalization is not valid against
the foreign Nation's claim to individual military service. Be
sides, if the law of the disturbed Nation provided no other pun
ishment (than here mentioned), for such returned offenders, the
adoptive country would be more willing in time of peace (of
which we speak), to surrender them.
CHAP. IV. AFFAIRS IN WAR.
1. In General.
Our third and last great division of international law, is,
Affairs in War.
Although war is a great and almost unpardonable evil, never
theless, it is a common fact, and has to be provided for. Every
probable and reasonable* course to prevent it, should of course
be pursued. We mean, not merely that every expedient should
be adopted, to escape from war after provoking its appearance ;
but that the regular course and policy of every Nation, should
be carefully framed purposely, to avoid exciting war, or exciting
those feelings, either of cupidity, rivalry or fear, which gen
erally provoke it.
Spencer's assertion that the position merely of no recourse to
offensive war, would be equally as productive of peace, as more
radical peace-ground, is erroneous ; first, because people differ as
to what constitutes offensive war. It is erroneous also, because
it does not tend to a thorough disarmament, nor to the discourage
ment of war-principles, war-glory and the war-spirit, so fully as
the more radical grounds. But this subject must be postponed
to a subsequent volume, except as incidentally we here touch
upon the arguments for ameliorating the severity of war, and for
maintaining the rights and independence of human personality.
The rights of Individuals and of neutral Nations demand,
that timely notice of several months, be always given previously
to commencing active hostilities : But this rule cannot easily
apply to the immediate spots of sudden ebullition, nor to " civil"
wars. To make it practicable for the latter, would be quite a
feat for social science.
AFFAIRS IN WAR. 281
Hardly any doctrine seems likely to become so practically
efficient, in hindering or suppressing war, as the doctrine, that
quarreling Nations have no more right to disturb the peace of
the world, by their quarrels, than rowdy Individuals have to
disturb the peace of a municipality, with their personal fights:
or than selfish Precincts called states, would have, to interrupt
the harmony of the Nation, with Inter-Precinct wars. And this
doctrine may be made practical, by the gradual strengthening
of the assertion of the rights of neutrals, in all possible ways.
The International rights of War come next for consideration.
We will treat of them under the following divisions : First :
As related to the rights of Individual-persons, whether citizens,
or enemy-citizens, including all three as moral persons; and
consider those rights of the Individual which concern himself,
his soul, and his happiness. Second : The Rights of War as
related to the Ways and Means of conducting it, the policy, the
modes of warfare, weapons, and ameliorations. Third : the
Rights of War, as referring to contrabands, both things and
official persons; and as depending on or related to Locality,
whether in the Neutral's own Locality, or in Localities common
to all the parties. In treating of these subjects, we, in the first
two Divisions, touch property only in a casual way ; because the
rights of persons are so much more important, and so much less
regarded, by writers generally. In the third Division, we treat
more of property, because the usual classifications for that sub
ject, serve also to arrange the ideas in regard to persons.
2. Relations to the Individuals of the Belligerent Nations.
First, as related to the rights of Individuals as persons. In
the first place, we object entirely to the old theory, that because
the governments of two Nations, make war, therefore all the
people of both Nations, must also become enemies and war
against each other. We also object to the old theory, that the
Nation warring has a right to whatever control it can obtain,
over the Individual persons of its Enemy-Nation, restricted only
by that indefinite idea, Christian or human civilization. We
protest absolutely, and in the name of the Individual, against all
such -interpretations of nature or morality. The old days of
brute instinct and blind impulse, are passing away, and the rights
of the Individual are coming up into notice. Nowhere perhaps,
282 BK - IIL NATION. II. IV.
is the right " to ignore the state," more needed, but less easy to
be obtained, than in regard to war. So important are the rights
of Individuals, that we consider them, abstract from the dis
tinctions between citizen or alien, Enemy-Nation or Neutral-
Nation. And even property is considered and felt to be, rather
a means of happiness to the Individual, than as a subject of ab
stract and complicated rights. Can it be possible then, that we,
having been nominally Christian Nations a thousand years or
two, and Protestant three hundred, shall yet persist in forcing
men to say, "Our country right or wrong"?
Of course it is easy to see, how very opposite these views are,
from Mulford's, and the high imperial German theories, that
in war, the Nation has right to the services of ALL its citizens;
and that, in brief, " the army is the Nation."
While we advocate thus in theory, the rights of the indi
vidual person, we must confess we do not see very clearly HOW
these rights can be fully and practically recognized by Nations
at war, except through Individuals concentrating in Peace-
Precincts, or organizing into political Corporations, as will be
explained under that head. At least, these must be the pre
liminary methods, because it seems a long while away, before
Nations will be so Christianized, as to allow their own citizens
who enjoy the advantages of peace, to decline the responsibilities
of war; and seems only attainable as the other ameliorations of
war that have been introduced, namely, gradually and mutually.
Although doubtless the good time might be hastened by treaty
stipulations, so that even long before wars cease altogether, their
most oppressive effects may cease to fall upon those who repu
diate, either war in general, or the particular war in question at
any particular time.
Citizens of Enemy-Nations can be exempted from the hypoth
esis that they are actually enemies, and from the consequent dis
abilities of that hypothesis, only as the progress of cosmopol
itan liberality, shall make proportional changes in men's feelings
and habits, so that the exemptions would be reasonable and safe.
And therefore it is only gradually that Individuals of Enemy-
Nations, can be exempted as fully as the citizens of Neutral^.
Nations are, from the rule forbidding them any intercourse or
trade whatever, with the Individuals of the opposite belligerent.
AFFAIRS IN WAR. 283
Nevertheless, throwing aside mere impulses, and appealing to
reason alone, we can find no objection to such trade, except along
the lines of belligerent operation ; and even there, the good feel
ings promoted by light trade, would do more to produce just
peace, than continued war. This has been illustrated by the
petty trade between soldiers of the two opposing forces, in the
late rebellion.
On the other hand, just in proportion as Individuals are held
bound to the WAR-duties of their own country, so also should
they be held bound to its peace-duties as neutrals ; and there
fore bound not to interfere individually, in the quarrels of ene
mies or belligerents. Hence, the violation of such peace-duties
and claims, should be considered quite as much an offence against
one's own country, as is the violation of its war-duties or claims.
Accordingly, " filibustering" ought to be held as a high offence
against our own country.
Great latitude must be allowed to all Nations, to judge for
themselves, of the sufficiency of the reasons of war, so long as
they only provide for injuring persons who voluntarily enter into
the contest. But Christian civilization must more and more
place NON-combatant Individuals, even when citizens of an
Enemy-Nation, on a par with the citizens of neutral Nations.
Scarcely anything was more annoying to our own citizens during
the rebellion, than being drafted into compulsory service them
selves, whilst foreigners were quietly taking their ease under the
"protection" of their respective consuls. The rights of the In
dividual Unit must be RE-ASSERTED, in the face of the Nation,
the Precinct, or even Mankind itself. And the lesser Units
have the more need, to RE-ASSERT their rights, because they
have NO power to enforce them.
According to these principles it is, that the law of Nations
is more and more exempting neutrals from all the annoyances
of war. Christian civilization not only strengthens its position,
that unconcerned NATIONS shall not be disturbed by the fighters,
but equally as fully maintains the rights of the Individual, not
to be disturbed by them. Indeed, the change itself is owing
quite as much to the rise of value of the Individual, all over
the world, as to the rise of peace-principles. It will not answer
here, to introduce jugglery of words about a Nation being a
284 BK. III. NATION. II. IV.
moral personality, for however that may be, there cannot be any
question that a human being is a moral personality, and entitled
to the rights of opinion and conscience ; especially in non-inter
ference with other people's fights. At first, to be sure, the per
sons of neutral Nations are exempted, because of prudential
reasons, or of fear ; but that which has been begun from policy,
ought to be confirmed upon principle, and the rights of the In
dividuals of all other Nations, confirmed for the sake both of
Justice and of Conscience. Hence the investigation of the
rights of neutrals, has for us also the double use of an investi
gation also of the rights of the warring Nations over citizens.
Observe however, that the right of the Individual here spoken
of, is a right to be not disturbed from his own peace, by the wars
of others ; but is not a right to aid in disturbing others' peace.
Of course, every amelioration of war, that decreases the number
of persons or classes who are expected to become combatants, or
the amount of the property at risk, is a great advantage when
mutual; whether the amelioration be of sex or age or of profes
sions, as physicians clergymen &c. ; so also, of condition, such as
sickness or wounds. The same good principles call for, and the
same good principles follow from, those improved laws that
exempt foreign Nations from interference, and exempt also the
property, persons and businesses of foreigners, from the vicissi
tudes of war. But this very amelioration which hails w r ith joy
every exemption of sex or classes, must condemn neutral Individ
uals interfering with belligerents, unless in retaliation for similar
interference against us, that has not been compensated for. We
would increase the rights of Individuals, but also increase the
punishment for admitted transgressions. And any Individuals
transgressing after due notice, should forfeit their citizenship fop
life, without chance of recall. And similarly punished should be,
all conduct tending intentionally to excite wars or insurrections
in other countries. The citizenship of foreigners, instead of
being considered as granting immunity for such offences, should
be considered forfeited thereby; because such conduct destroys
the freedom of all the citizens of the oifending country, of travel
in the other, and tends also to excite war. This offence is gen
erally committed by the naturalized citizens of another country,
or by the adherents of extremely opposite religions or politics ;
AFFAIRS IN WAR. 285
and either in revenge for past vexations, or in hopes x>f future
religious or political power by annexation; and is often the
indirect means of introducing religion into politics.
3. Ways and Means of War.
Having thus endeavored to speak for Individual personal
rights, and protesting that no methods or means of war, which
avowedly and upon principle violate these rights, should any
longer be tolerated, we come next to such Ways and Means as
do not conflict with the rights of Individuals.
The propriety or admissibility of different war methods, is not
to be judged chiefly by their war-consequences, but by their peace-
consequences. Hence peaceable Nations should not, by treaty,
resign their right of recourse to extraordinary war measures;
because a reliance in time of peace, for recourse to them in war,
will promote peace, and free men from warlike thoughts and
cares in common times. For, in these days, peace is the rule,
and war the exception. The proper application of this principle,
instead of the usual method of referring arguments to war-con
ditions, would make a great change in the international war
argument. And as to domestic wars, this principle aids the side
of liberty, because it tends to lessen the preponderance that those
who are in power, naturally have, over those who are out:
and as to foreign wars, the constant reference of arguments to
times of peace, promotes the interests and progress of Mankind.
This principle of reserved rights, refers to several means, for in
stance, privateering, minute-men, ready militia and guerrillas ;
provided the same be citizens, or really intend to be, of the Na
tion in whose cause they are occupied, or of an Enemy-Nation.
Although Privateering need not be forbidden, it ought to be
brought more under government naval discipline and control.
This might be accomplished, by requiring a government-deputy
to be employed on each privateer, as a witness, with liberty to
protest, and in desperate cases, to take away, or to publish the
revocation of, the government's charter and clearance; the deputy
of course to be responsible for his conduct. This would place the
commander of the privateer, on his own responsibility, if he
acted against a protest. A somewhat similar power is [or was]
possessed by surgeons in the British army, but with them, it was
only for the protection of their own men. Sea-warfare differs as
286 BK - IIL NATION. II. IV.
much from land, as does the mercantile sea-service differ from
the ordinary land mercantile business, and must have a cor
responding absoluteness of power. Reliance on privateering,
assists peaceable Nations to omit war-cares during peace, and
this is of great importance. So also, does reliance on Militia,
" Minute men" and Guerrillas.
The infliction of sufferings on Individuals, or on collective
bodies of persons, by way of retaliation, is contrary to the
rights of the fundamental element the " Individual," and can
not be justified, unless, on the particular persons who have
either voluntarily assumed such a risk, (as for instance, who
have made an unconditional surrender, or have placed them
selves expressly as hostages); or else on persons who have indi
vidually deserved punishment, as those who in some manner
have so far violated the usages of war, that their lives and per
sons are deservedly at the mercy of the party who holds them.
For, the attempt to justify individually-undeserved retaliation,
upon the ground of the assumed rights of the XATION, or upon
any other ground, can only be successful, by also assuming that
the liability and chance of any Individual's suffering such re
taliation, is one of the GENERAL chances of war, foreseen and
voluntarily undertaken by the individual soldier ; but the fact
is, that such chances are not expected nor undertaken volunta
rily, by the individual soldier, because such an infliction does not
occur to one soldier in a hundred thousand. And any chance
which is so small as that, only operates upon a very few of any
people; and there will always be a large number remaining,
upon whom it will not operate. Another reason why retaliation
should generally be discontinued is, that it is going back to bar
barism, and is on a par with that old mode of warfare, which
bound prisoners to the stake, and for the flames, and spared NOT
the women and children.
Possibly, retaliation may be just, when sufficient previous
notice shall have been given, that if such or such an outrage,
contemplated by the other party, should actually be perpetrated,
then such retaliation shall be made. In. this case, the refusal of
the other party to refrain from the outrage, might be interpreted
as a constructive committal by them, of evils as great as the
threatened consequences whatever they might be, and as a vol-
AFFAIRS IN WAR. 287
imtaiy assumption of the responsibility thereof. But even this
rule can only apply to the particular Individuals who compose
the body which perpetrates the offence, or runs the risk, and
not to persons who are entirely free from such interpretation,
and from such indirect participation.
Thus, the rule in regard to the effects of war, on persons,
should be exactly the reverse of what it is, as it affects prop
erty ; because property is NOT an element of the ANALYTICS of
human society, and has no rights itself, although its possession
may entitle persons to rights ; and because injuries to property
may easily be compensated for, but injuries to persons, of health
or limb or life, cannot be.
As concerning corporeal personal movable property, belonging
to a citizen of a belligerent, it belongs in justice and by nature,
to the other party, if that party can seize it without infringing
seriously upon the rights of a neutral. A compensation to the
citizen, from his own Nation, is due, if he can show conclusively
that he was acting in accordance with its laws, and had used all
proper means to protect his property. But so long as proof of
this kind is very difficult to obtain, and, so long as Nations do
not consider themselves bound to make up the losses of their
own citizens, in such cases, so long the growing tendency to
spare the property of private Individuals, is a high evidence of
Christian progress, although not a matter of justice.
But the difficulties of proof may be partly obviated, as fol
lows. A practice might easily be introduced, whereby one
enemy would give to Individuals of its opposite, as well as to
its own people, certificates of the value of supplies taken, or
damage done. Such certificates, although not conclusive of the
value, would be additional testimony thereunto. The present
rule of compensating neutrals, but not their own citizens, and
of sparing the Enemy-Individual's property, but not their own
citizens', seems too unreasonable to endure very permanently.
At any rate, the belligerent who gives such certificate judiciously
and sincerely, should be free from all further moral responsi
bility, in the case, as to the citizens of an enemy.
Incorporeal and landed properties are excepted from absolute
transfer to a captor, simply because they cannot be either carried
away or destroyed.
288 BK - IIL NATION. II. IV.
While speaking of the ways and means of war, we cannot
forbear to suggest here, the following improvement. Let Nations
in peace provide by treaty, where their battle Localities shall be,
in case of war ; just as Individuals in health and safety, lay out
their " cemetery-lots." If possible in these treaties, let all com
binations of war-alliances, be anticipated and provided for, as
nearly as possible. Let Nations, when they determine to in
dulge in war, give a certain number of months' previous notice,
and then let them resort to the appointed Localities, and confine
the war therein. In other words, let the same refinement be at
tained by Nations, that has been attained by Individuals in the
DUEL, whereby disputes, instead of being fought out, whenever
and wherever occasion or opportunity admitted, to the disturb
ance and danger of the public, are adjourned to set times and
places,' where the injury to unconcerned parties will be none at
all, or at least a minimum, and, previously provided against.
4. The Rights of Neutrals according to Localities.
(a) In General. Having thus treated of War, firstly, in rela
tion to the rights of Individuals, and secondly, in relation to the
Ways and Means of conducting it, so far as these do not inten
tionally conflict with the rights of persons or property; we come,
thirdly, to consider it in relation to the rights of Neutrals, on
their own and on common Localities ; so far as these rights have
not been considered incidentally under the foregoing two heads.
This part relates both to private and to public property, and to
official persons of Enemy-Nations ; except their agents or am
bassadors accredited to each other, or to neutral Nations ; because
such persons, with their attendants and property, are almost uni
versally exempt from the ordinary vicissitudes of war, and are
not to be understood as included in our treatment of the subject.
The rights involved, are summed up in two conflicting prin
ciples: one, that "neutrals shall not interfere in the war," the
other, that belligerents shall not interfere in the neutral's peace.
These principles are of course partly conflicting, hence a com
promise has to be effected between them. Regard can only be
given to principal effects ; which are of two kinds : one, the
principal effect of any given circumstances ; the other, the prin
cipal effect of a rule applying to them.
Here the distinction becomes prominent, between a Neutral
AFFAIRS IX WAR. 289
Nation as an organism, and the Individuals who compose it.
The Nation as an organism, must preserve its neutrality strictly,
and in every particular ; but to expect such an absolute control
over its individual citizens, would be absurd, in this age of the
world.
We will consider first, the matter of passage through the ter
ritory of a neutral ; because the neutral territory is analogous to
'the neutral ship when considered apart from its contents. It is
generally admitted that enemies have no right to passage through
the territory of a neutral, much less any right to conduct hos
tilities therein : (Wheaton, 426 and 427) and, by modern
writers, it is coming to be admitted, that a neutral has no right
to grant permission of passage to a belligerent. (Dana's note.)
Nor can the neutral territory be rightly used, in any manner, as
the basis of belligerent operations. But it should not follow
from this, that a neutral Nation is bound to oppose such passage,
by force of arms, without the co-operation of other powers, who
may be as much interested in the maintenance of the principle,
as itself. Furthermore, the active Individuals of an enemy,
have no right to passage across the territory of a neutral; and
their doing so ought to be punished as an offence tending to
involve the neutral into the war feelings, and hence into the
war consequences.
The next question is, what articles (and persons) are, and
what are not, contraband of war. The common principle , is
thus stated by Dana : (notes to Wheaton, 505 and 501) " One
cardinal rule is, that the neutral may trade with the enemy.
Another is, that he shall not intervene in the war. The prac
tical result of the conflict of these rules is, that, in trading with
the enemy, he must not break an effective blockade, and shall
not take to the enemy, merchandise which is of such a character
as to afford direct military aid, or which will help to relieve or
avert the pressure of actual siege or blockade." * * * These
various " considerations have led to a practical adjustment of the
question of contraband, to the effect, that the neutral may carry
merchandise to both belligerent markets, subject to this condi
tion, that, if it be contraband, it may be taken from him, at
sea, and converted to the captor's use." * * * But " as to what
things do or do not come into this category: The test is variously
10
290 BK - HI- NATION. II. IV.
described, and more or less strictly ; but it seems to amount to
this, Is the primary and ordinary use of the article military,
when in the enemy's possession, in time of war f
But this, the actual rule, is both unjust and unnecessary. The
" primary" use of the article in time of war, is often not the use
in time of peace; and then the rule interferes with the rights of
neutrals. Again, it is not merely the directness of the use of any
article, which constitutes its importance, but it is the special need
the enemy may have for it, and the special vicissitudes and emer
gencies of times and seasons, which of course constantly vary.
Strictly speaking, according to natural justice, the belligerents
have no right to interfere intentionally with the rights or in
terests of neutrals at all : but the vicissitudes of war are so
great, that this rule cannot be maintained.
In the vicissitudes of war, opportunities are frequent, wherein
the advantages of small trade Avith a neutral, would be counter
balanced by serious interruption of the course of the war, and
followed by immense losses of property and lives, such, for in
stance, as in a siege or blockade. The liability of vicissitudes
justifies this rule of war. But on the other hand, the common
doctrine, that directness of the utility of the articles of trade, for
military uses, also constitutes the contraband, is not sound nor
reasonable ; for when there exists no special exigency, the gen
eral injury to the trade of neutrals is far greater than the ad
vantages to the belligerent. Besides, the refusal to pass these
minor articles, so long as food and any kind of clothing are
allowed, not only has but little effect upon the war, but it has
great effect in producing personal discomfort to the soldier ; so
that the rights of the T^uemy-Individual, as well as the rights
of neutrals, are needlessly disregarded. But the generally re
ceived policy is different.
Now, we shall generalize yet more completely, if we under
stand "article" to include, besides property, any government
official person, excepting perhaps a non-combatant; and apply
the same principles accordingly. This generalization is sound,
because the principles involved are the same, whether persons or
property are the agencies employed. For instance, persons in
tending to enlist or engage in the enemy's service, are quite as
much material of war, as chattels are ; so also are persons in-
AFFAIRS IN WAR. 291
tending to carry war-material or dispatches, or to purchase con
traband materials. The difference consists chiefly in this, that
property, when captured, can be applied to the use of the enemy;
but, usually, Individuals cannot be so applied. But this dif
ference is quite limited, because guides, pilots, surgeons, inter
preters, and even mechanics and laborers, can \yeforced to apply
themselves to the indirect uses of their captors.
We may now consider more in detail, these rights of neu
trals in their own or in common Localities, under the following
divisions : Firstly : Of affairs involving articles and officers
on the territory of a Neutral. Secondly: Of affairs involving
articles and officers on neutral or common Localities, namely, on
the high seas.
(6) Affairs in' the Locality of a Neutral. The generally ac
cepted rule is, that the people of a neutral Nation, in their trade
with a belligerent, must not furnish him with the particular
articles called contraband, but may furnish him with any other
articles. The restriction in this rule ought to be repealed, for
the following reasons : It is impossible to execute. It causes
irritating interferences in other governments' affairs, and thus
constantly endangers the peace of neutral Nations. It prolongs
wars, and increases their expenses both of life and property,
without altering the decision. The analogy between forbidding
enlisting soldiers, and purchasing war-materials, does not give a
sound argument, because the soldiers, being persons, are usually
supposed to be of the neutral citizenship; and thus the foreign
belligerent, if allowed to enlist soldiers, would be drawing our
citizens into ruin and death, to the injury of their Families, and
of the country at large. But the purchase of materials has the
opposite effect, stimulating trade, and thus benefiting the coun
try furnishing the supplies. Hence, the general rule should leave
the domestic trade of every Nation " free" to both enemies, for
cash or bona fide immediate trade, but not f6r any form of credit
to, or for, mere " belligerents," and not for loans, nor for any
longer than the usual mercantile credit to or for non-belligerent
Nations. Because the extension of credit is made to both the
belligerent Nations equally, and thus lessens the immediate
effects on both of them, and thus prolongs or stimulates the war,
without any great advantage to any parties concerned.
292 BK - in. NATION, ii. iv.
Nevertheless, this general rule ought to have one sort of ex
ception/ namely, the export of war-materials, and of all the
direct means of transportation. Instead of excepting to the
manufacture or sale of many articles used in peace, we should
except rather to the means of transportation, to either enemy.
In some cases, the means would be freight- wagons, horses, oxen,
and so on. In other and in most cases, the means would be
boats or vessels. This exception is not much liable to the ob
jections, the other was. It is practicable in domestic policy, and
does not cause general irritation. It is analogous to the prin
ciple of export duty; which, in turn, is the same according to
international principles as an import duty. Governments do not
pretend to inquire into everybody's store, to tax his foreign
imports, but tax them once for all, at their entrance into the
country. The place, and the only proper place, to interfere with
foreign trade in common articles, is, at the importation or the
exportation of the commodities. " Rowdy" Nations disturbing
the peace of the world, ask too much of all, when they demand
that other Nations shall institute new legal proceedings, inter
fering with the course of their own internal affairs generally.
Hence, we infer, that the people of a neutral Nation, of right
can unrestrictedly manufacture and sell, except strictly war-mate
rial, and entertain war-officers purchasing materials, c.; and
that trade with a neutral is not to be interrupted ; so that the
only questions with us, relate to the transportation, and to arms
and ammunition. As to arms and ammunition, which are the
only things we can admit are strictly war-material ; the duty to
watch their manufacture and sale, is no hardship, neither is it a
special task imposed upon neutrals only in the case of war,
because Nations, for their own internal peace and safety, need to
have constant regard to such things, and ought always to have
such a knowledge and registration of them, as they have of all
other dangerous occupations.
Yet our principles would allow the foreigners to come only
into the few large markets, on or near the borders of the neutral,
and with publicity to their actions ; but would not allow miscel
laneous travel through.
Again, the voyaging or departure a must not be allowed to
interfere with the war" ; therefore, in case of means of trans-
AFFAIRS IN WAR. 293
portation, wagons, cars, or other vessels for either belligerent,
having been built in a neutral territory, the neutral is bound to
forbid their departure ; then if they depart by stealth without
due clearance, or by false representations, the duty of all Nations,
and particularly of the neutral escaped from, and whose "state"
was thus " ignored," is to treat such a vessel as an outlaw, for
bidding it entrance into their ports or seas : and doubly so, if
a vessel of war. Hence, in such cases as the Alabama, not only
England, but all other neutrals should have forbidden its en
trance into their dominions, not as a vessel of war of a bel
ligerent, but as the outlaw of a neutral. And in case of such
entrance, the vessel should be forfeited. Such ought to be
henceforth established as a rule in the Law of Nations. The
conception, to be sure, of an outlaw who is not a pirate, is some
what difficult to get ; but not any more difficult, than the con
ception of a " recognized belligerent" who yet is not a Nation.
(c) Affairs in Common Localities. As to affairs involving
articles or officers in common Localities, and on the high seas.
Here comes in for consideration, the ship. The ship is the abode
of human beings; it is an " arrondissement" a Precinct, with a
recognized government of its own, under the sanction of some
recognized Nation. Here are two complicated questions. The
road is mutual, but the vehicle or car, is of the one Nation.
The inference is, that the principles involved are exactly the
same, as those in the case of the Locality of a neutral on land,
except, that the travel must not be interfered with ; nor the special
rights of humanity refused, in the distresses that men who travel
by sea are particularly liable to. With these limitations, the
voyaging ship has no rights other than it possessed in its own
territory. In other words, the neutral's voyaging itself, or any
part thereof, must not be entitled to immunities that will di
rectly aid either of the belligerents. A neutral, on board ship,
may manufacture spars or sails or guns, if possible, and may
carry them to another neutral, but has no right to carry them to
any belligerent place, person, or vessel.
But now comes the more difficult question : the contraband
property which any neutral sells to a belligerent, or the belliger
ent official whom he entertains, has some other belligerent a
right to transport, on the high seas ? Of course not, from his
294 BK - IIL NATION. II. IV.
own, nor from the shores of either, nor to, any belligerent place,
person, or vessel; but, has the neutral a right to carry such
"article" or person across the seas at all? The entire denial of
this right, would often refuse a neutral vessel the right of sail
ing from one part of his own country to another. From this
reasoning we may justly infer, that Mason and Slide! 1 MIGHT
have required to have been returned to Nassau " as they were,"
or else forwarded, so as to reach their ultimate destination at the
time they would have reached it, by LEGITIMATE means, if un
disturbed by a neutral, UNLESS, instead of only running our
blockade, in one of their OWN vessels, they had come through,
in a neutral vessel violating blockade, or had run through our
lines or our country. And as this is so, their case comes under
that we treat in the next paragraph. Because it has come to be
a settled principle of international law, that blockade is nothing
to belligerents, only as it is effectual in particular; but is oblig
atory on neutrals, when effective in general.
The case then, was really thus. Rebel emissaries were con
stantly embarking on board foreign steamers from New York,
and as soon as at sea, would openly insult our citizens, and glory
over their success in getting on board. Now, all such persons
(having been spies in the United States, according to the laws
of war, and also being warlike emissaries, and having obtained
their passage surreptitiously), the foreigner had no right to trans
port; neither would the foreigner have had right, to transfer
them to the United States authorities for punishment. There
fore, the officers of the ship should have confined the passage-
takers, to the vessel until its return ; and then sent them through
the United States lines to their Confederate home, a proceed
ing very similar to that, by which the United States sent both
Mason and Slidell to Nassau. The passages of the emissaries
at New York, were obtained by deception; the capture of Mason
and Slidell was by/orce. A friend or neutral has no more right
to allow the deception, after it becomes known, than to allow
"the force, after its illegality becomes known, to aid either bel
ligerent.
We may add to this thought, the general rule, that the more
indirect or circuitous, the aid rendered by a neutral, the more
freely, such aid is permitted by the law of Nations. But this
AFFAIRS IN WAR. 295
ought to be true, only for the reason and in the degree, that the
circuitousness obscures the true state of the case, or complicates
it with the relations of innocent parties.
The Virginius, in the Cuba affair, affords another instance of
a dispute settled erroneously by both parties, and on principles
which will not stand the test of time.
The claim of the United States amounts to this : That a for
eign government has no right upon the high seas (namely in
common Localities), to interfere with a vessel bearing the Amer
ican flag and American clearances, even although such vessel
may have been, with those old clearances, engaged for several
years in fomenting discord and aiding rebellions in various
neighboring countries ; and at the very time of interference, also
be engaged in carrying arms and ammunition to rebels, even
when their belligerency has not been admitted ; and may have
repeatedly escaped capture by the injured country, through means
of false representations and false oaths, in foreign ports ! And
furthermore, that the fact of the said rebels not being recognized
even as belligerents, LESSENS the rights of the injured govern
ment, in the case! Whereas in the case of the Alabama, it
was the recognized belligerency ALONE, that saved her from
capture in or near neutral ports. And furthermore, that the
vessel when discovered to have borne a flag and papers, to which
she had no right, as the means of injuring the foreign country,
and when captured, belongs, not to the injured government, but
to the United States, which had all the while fostered the irreg
ularities, and protected the vessel ! And furthermore, that when
the injured government might have redress against the United
States, for direct damages, if any such could be proved (which
of course is next to impossible in such a business) yet it has no
redress for indirect damages, (namely therefore none at all). And
finally that. the assent (although only after persistent objection), to
these principles, by a very weak power, under threats of imme
diate war or reprisal, and of taking territory of immense value,
from the weak and injured government, that such assent is
proof of a principle of international law ! The whole conclu
sion is so improper as ought not to need any argument.
It must be admitted, that Spain, in her hasty execution of the
men engaged, violated the rights (not of American citizenship,
296 BK - m - CATION, ii. iv.
because the Virginias crew, according to our theory, had for
feited those rights), but had violated the rights of HUMANITY
and of just international law; but this gives to the United
States government no more than to any other government, the
right to punish the violation of the laws of humanity. And
yet the United States government takes those men to its bosom,
and the people publicly honor them, just as England treated the
" confederates'' against the United States. Although the offem e
being political, cannot be punished or recognized by foreign gov
ernments in their Localities. But the case is diiferent in common
Localities, for in them one Nation has as much right as another.
Now the truth is, that all the question relative to the right of
the vessel to bear any national flag and its papers, in injuring
another government, is just as much (or more so) a question for
decision by the injured government, as by the one whose flag
and papers are falsely assumed And in disputed cases, belongs
to neutral Nations to decide ; either by diplomatic notices, as
when the foreign ministers at Washington notified our govern
ment, that the execution of the Confederate privateers as pirates
would be held as a public outrage ; or by arbitration.
The real motives of our government thus treating Spain about
the matter were: first, our sympathies were with and for the
Cuban rebels, and the other rebels whom the Virginius had aided,
although Spain was a republic itself at the time ; second, our
desire to get Cuba, and all other territory we can get near us ;
third, a truckling to the popular impulse that burst out, when
the news of the capture and proceedings were first received.
Alas our government is in danger of doing as republican France
did in her revolution of "'89", namely, allowing popular clamors
tO drive us into the violation of international law, and thus
stirring up all Nations against us. But in the case of the Vir
ginius, democratic republicanism overreached itself,- and seems
to have caused the downfall of Castelar, and of our struggling
sister republic of Spain.
The growing principle of international law, that more and
more exempts neutral Nations from the effects of war, ought
justly to be so applied as to exempt, not only from interference
by the Enemy-Nations, but also from all entanglements therein by
private Individuals, who undertake to aid either of the belliger-
THE DOCTRINE OF NATURALIZATION. 297
ents. In other words, the privileges and legal opportunities of
private Individuals, to entangle their neutral countries into war
or war-complications, must decrease equally with the decrease of
the privileges of Enemy-Nations to interfere with neutrals ; and
then, Individuals who interfere with the war-affairs of other
Nations, must be allowed to do so at their own risk, clear alike
from punishment as outlaws or pirates by neutrals, and clear
also from their protection ; and their country, clear of all respon
sibility for them. In short, neutral Nations must not be easily
disturbed, either by Enemy-Nations, nor by belligerent dynasties,
nor by the individual abettors of any of them. Still, humanity
and Mankind must be heard, in limiting the punishment of polit
ical offenders, within the bounds of civilization and Christianity ;
as also of all other offenders.
CHAP. V. CONCLUSION OF INTERNATIONAL LAW.
This subject, namely, international law, is connected with that
of Universal Empire, and of Races, and of the influence of Chris
tians and of Christianity ; and hence, should be finished under
the head of Mankind ; not, indeed, in any one part especially,
but in various connections.
PART III.
THE DOCTRINE OF NATURALIZATION.
CHAP. I. CLASSIFICATIONS.
This subject is generally treated as a, part of International
law : but with us it has to take a wider range of discussion. Its
place of consideration under that head, and one or two general
principles of it, are there given. (See II. II. 5).
Naturalization may be defined to be the transfer of personal
nationality, from one Nation to another. It is a subject which
cannot be fairly nor fully understood, without referring to the
Nation itself as one of the great' fundamental Units of human
society: otherwise, the lengthy consideration of the subject,
would belong to the division of " Civil Government" rather than
to this place. Much that has been said above, can readily be
298 BK - nl - NATION. III. II.
brought to bear upon this subject, but is left to the reader's own
ingenuity and reflection.
Naturalization has been divided into COLLECTIVE and INDI
VIDUAL.
CHAP. II. COLLECTIVE NATURALIZATION.
Collective Naturalization, namely, the naturalization of the
inhabitants of the whole of any given territory, takes place
usually when any territory becomes transferred from one gov
ernment to another. And if the transfer is made with the
voluntary co-operation or concurrence of the inhabitants, it
generally accomplishes the transfer of a full and equal citizen
ship, without even those special reserves that are usually made
in case of Individual-naturalization ; such exceptions, for in
stance, as not being allowed the possibilities of becoming a
member of parliament, or privy council in England ; or of be
coming President or Vice-President of the United States.
This transfer of full and equal citizenship, along with the
comparatively small territory or district, that is separated from
one Nation and joined to another, being founded in justice,
and in a knowledge of human nature, and on the feelings of
birthplace, home, &c., is an incidental but strong argument in
favor of our Precinct-theory. Because it shows, that history and
international law, regard and treat the human feelings for, and
attachments to, the immediate Locality of one's birth and home;
as being superior to, and more reliable than, the more general
Locality of one's native Nation. In fact, this argument be
longs more properly under the head of PRECINCT, than under
Nation.
In the transfer of Alsace, we have lately seen a pre-eminent
instance of the superiority of Precinct-attachments to National
ones : Because there, a people who had originally been part of
Germany, but conquered and retained by France, some centuries,
then when re-conquered by Germany, demonstrated the utmost
aversion to returning to it.
Collective naturalization is generally provided for fully by
treaty, although it could equally as fully be accomplished by
conquest, or by secession ; since all that is really needed, is the
concurrence of the inhabitants of the territory Avhose allegiance
becomes changed. And such a transfer is evidently more effec-
COLLECTIVE NATURALIZATION. 299
tual by a secession, or an accepted conquest, than by a transfer
between superior powers, which might be more or less against
the will of the inhabitants of the transferred territory.
Collective naturalization might better be divided thus : that
which takes place by the annexation of new territory ; and that
which takes place by the recognition of classes of denizens who
had not previously been citizens. But both these subdivisions
of collective naturalization, depend mainly, on the same prin
ciples of morality and right as does Individual-naturalization,
except, that the attempt to obtain special proofs of individual-
character, is not made, nor any special oaths or promises obtained.
There is also another, and even more important difference, in
the case of annexing new territory. For in such cases, which
ever way the territory goes, so also go the feelings of birthplace,
home, &c. But, on the other hand, if the annexation has been
produced by conquest, the evils and dangers of naturalization
are greater, and the subject more difficult. With these and
similar modifications, the PRINCIPLES involved in the whole
subject, will be sufficiently discussed under the subject of Indi
vidual Naturalization, as we soon propose to do. But as far
as we are correct on the point, that for the annexation of new
territory, collective naturalization depends largely on the same
principles as Individual, our theory tends to discourage such
annexation ; unless of territory where the inhabitants are already
nearly similar to ourselves, in moral and intellectual condition ;
or are acknowledged so far' inferior, as to consent to and produce,
a territorial government over them by the superior ; to be able
and willing to do the latter of which, is one of the great needs
of the United-'States-government. Otherwise it is hard to see
how we can deal safely with the Indian problem, or with the
Monroe-doctrine ; which latter, even if fully assented to by Eu
ropean powers, is threatening this country with great difficulties
in the future, practical difficulties, of how to deal with peoples
who cannot govern themselves, who need and want our protec
tion and police over them ; but yet are, for those very reasons,
unfit to enjoy the full rights of American citizenship, and whose
overwhelming numbers, if equal voters, would first be a balance
between all parties, and then, the ruling party themselves.
300 BK - IIL NATION. III. III.
CHAP. III. INDIVIDUAL-NATURALIZATION.
An Individual may obtain naturalization, either by conform
ing to some general law, or by special grant of the government.
But we will consider the subject in relation : first, to the rights
of the Individual human being; second, to the rights of the
Nation renounced; and third, to the rights of the Nation adopt
ing (or, as the phrase is, " the adoptive Nation/') And we wish
all the principles here exhibited on this topic, to be understood
generally, and as equally applicable to change of citizenship from
Precinct to Precinct, under the reformed constitution we have
proposed, as to change from Nation to Nation. But whilst the
same principles are applicable, they must yet be modified in
their application, to suit the altered circumstances. The double
value of the principles thus treated, must be our excuse for some
things that might otherwise seem unpatriotic, in this "Part III."
of this article; and for giving undue length and prominence
to a subject, which for the Nation has already been settled by
history, and seems out of date.
1. The Rights of the Individual.
The abstract right of an Individual, to change his nation
ality, and to remove from a country where he is not happy, to a
country where he thinks he will be so, cannot reasonably be
denied. But yet there are many conditions to which he may
be bound to subject himself,- in making the transfer. All the
reasonable claims of his native country and of its citizens, upon
him, for any proper length of time, ought to be granted first.
But what standard is to be used, to judge of the reasonableness
of the claims? Not that alone of the government and people
about to be renounced, nor that alone of the people or govern
ment about to be adopted and rc-inforced. Therefore the
standard must be one which might be considered a sort of com
promise between the two parties ; and the judgment rendered,
should be one which we would suppose would be given accord
ing to that standard, by impartial persons, that is, by arbitrators
or referees, being persons or Nations who fulfilled an interme
diate character between the others, and who were so for removed
from the scene of action as to be entirely disinterested. This
rule is of course partly ideal, because the actual judges are pri-
INDIVIDUAL NATURALIZATION. 301
marily the two peoples and governments who are directly inter
ested in any given case. But the rule is an ideal, suggesting to
both parties in a dispute, what kind of a standard they ought to
adopt, and what kind of a judgment they ought to render;
always deferring to the maxim of the Chief Ruler, " Do unto
others as you would they should dp unto you/ 7 with this natural
limitation, namely, so long as the other Nation will do so to
you.
Another moral principle tending to illustrate this part of the
subject, is this : Every innocent Individual has a right to live
somewhere. The Nation of his birth has no right to expatriate
him, without providing some other reasonable home. And this
brings up the still more general proposition, that in the last
resort for principles, every human being has a right to reside
among the people whom he most resembles, taking into consid
eration all his characteristics, physical, metaphysical, and moral.
This, we theorize, is a still more general principle than even
birth itself; and at all events, is the only fundamental principle
of direct application, when once the operation of the law of
birth is laid aside. And the practical standards and rules for
deciding in particular cases, are the same as those just above
mentioned, namely, Compromise, Fraternal Equality, and the
Condition of Mutuality.
And these principles are true, and the freedom demanded is
just and necessary, on the ground of the rights of the IJSTDI-
VIDUAL UNIT; and equally as true or more so, in time of
war, as or than in time of peace. And the only exception, or
limitation to the right of free emigration in war LESS THAN
in peace, would be, that the emigrant should not remove to the
ENEMY-NATION; but might, to any other one he pleased, that
appeared to be a suitable one, and to which he seemed to desire
to go in good faith there to abide.
But this principle is not to interrupt any rights of a native
country, which are valid in peace as well as in war. Of which
we speak next.
2. The Eights of the Renounced Nation.
" Mr. Wheaton, while Minister at Berlin," stated one of the
true and fair principles of naturalization, when he " declined to
interfere to protect from military service, a Prussian subject who
302 BK - ni. NATION, in. in.
had been naturalized in the United States, but had returned to
Prussia. Mr. Wheaton said to him : " Had you remained in
the United States, or visited any foreign country EXCEPT PRUS
SIA, on your lawful business, you would have been protected by
the American authorities, at home and abroad, in the enjoyment
of your rights and privileges as a naturalized citizen of the
United States. But, having returned to the country of your
birth, your native domicile and national character REVERT, so
long as you remain in the Prussian dominions; and ypu are
bound in all respects to obey the laws exactly as if you had
never emigrated. 77 Dana's note, 86.
The reason of the justice of such a decision is, that the con
trary rule might easily be so employed as to seriously impair
national rights. Because, when a citizen returns to his native
country, he has its accent, its manners, and its personal relation
ships ; all of which tend both to bind him thereunto in feeling,
and also tend to prevent the national authorities from distin
guishing such foreigners from citizens. If returning to their
native country were indulged in by large numbers of foreigners
of that kind, a country would have scarcely any escape from re
quiring, at every important crisis, tests of allegiance from ALL
its inhabitants an almost endless task, as also very expensive
and very unsatisfactory. The only easy plan to allow self-
expatriated foreigners to return as the citizens of another Na
tion, would be, for the original country to command methods
whereby every such person, immediately on his return, should
register himself as such, in some Locality, arid confine himself
thereto.
Leaving one's country and changing citizenship, is something
like a woman's leaving her husband, and afterwards marrying
another; and if the leaving was FOR GOOD CAUSE, the new
husband would still naturally be averse to having his wife re
turning to friendship with the former husband, however willing
he might be for her to form friendships with other men.
If the past disorders are not abandoned, foreign Nations
may, at last, be driven to absolutely forbid their self-expatriated
citizens from ever returning ; or forbid their original departure,
either entirely, or until they have taken oaths and given security,
not to return. Or our policy of forcing our ideas of nationality
INDIVIDUAL NATURALIZATION. 3Q3
on other governments, and thereby provoking their secret ani
mosity, may, some day, by the aid of our internal dissensions,
have very disastrous consequences.
The plea by which the United-States-government endeavors
to repudiate these sound principles, and to deny that nationality
reverts to a foreigner upon revisiting his native country, is, that
the general claims of foreign Nations under general laws, are of
no application, and that only when the claims have become
individualized, so as to call for, and to apply to the immediate
duty of, the Individual, do they have international force. But
this is merely ignoring the foreign system altogether. True, the
writer's private theory, claims, that no government has a right
to forbid its citizens to remove to another country ; but neither
international law, nor the United-States-government, acknowl
edges this principle. And our government has no right to act
upon it on one side of the question and not on the other.
The foreign system giving us trouble in this respect, may be
compared with our own system thus. The foreign, instead of
drafting men from its mass for military service, only during
war, designates a certain proportion of its young men for an
nual discipline, and to be called out first in case of war. Now
if we, every few years, were to draft a portion of our people for
such purposes, we would then have a class of citizens for, and a
method of comparison with the foreign ones. In times of war,
there have generally been formed in the United States, bodies
of volunteers called " minute men," " home guards," &c. Such
bodies of men resemble young foreigners in their own country,
except in the variable matter of having volunteered. The two
systems are entirely different ; and our decisions and policy pre
sumptuously violate the foreign internal classification of citizens,
instead of only attempting to have it modified reasonably, by
equitable limitations.
But we may conduct this discussion of the rights of the Na
tion renounced, by a resort to higher grounds. Now, when we
bear in mind the distinctive characteristics of national inde
pendence, that between Nations, the simplest reciprocities of
justice require previous treaty stipulations, and that the return
of an escaped slave, even between Precincts (states) of the same
Nation, requires constitutional provis: n ; we infer at once that
304 BK - HI- NATION. III. III.
when an Individual escapes or removes to another government,
the government abandoned has naturally no further national
rights over him. Now, only apply this same principle to the
reverse case, and the question of naturalization would be at least
half settled. Only say, that the actual migration from and
leaving of one's adoptive country, and entrance into the former,
release a person from the protection, as well as from the claims,
of the last country left; and hold-to the principle, and the
question is half settled. Certainly, if leaving one's native
country is an avoidance of the laws, then a return to that
country is a revival of its laws.
In fact, the question may be argued on still broader grounds,
and without reference to any previous naturalization. It may
be maintained theoretically in general, that if leaving one's
country, whether native or adoptive country, is a virtual for
saking of its claims, so therefore it must be a virtual forsaking
of its protection ; unless there are treaty stipulations to the con
trary. And, on the other hand, if leaving a country is an
escape from its laws, so therefore a voluntary and Individual
entrance into a country, is theoretically a submission to or ac
ceptance of its laws. And if there are any just exceptions to
these principles, let them be considered and settled as exceptions;
but let not the universal principles of justice and fairness, be
perverted, to excuse the exceptional cases. If the highly civil
ized Nations of Europe, claim the right for their citizens to
reside and trade in the barbarous countries of Asia and Africa,
yet without subjecting those citizens to the barbarous and super
stitious laws and customs of such degraded peoples ; let it be
SAID so, at least to ourselves scientifically ; and let not the great
laws of Mankind or of equality, be perverted. And again, if
Democracies and Republics are going to claim as much supe
riority of rights, over Kingdoms and Empires, as civilized Na
tions claim over the uncivilized, or the half-civilized ones, let
that claim also be scientifically expressed ; and let the inside
world of our own citizens know, that if the Nations of Europe
are jealous of us, they are so, in consequence of the direct
avowals of some of our leading men, and of the long continued
aggressive policy of our national government : and, a change of
our policy would soon allay their jealousy.
INDIVIDUAL NATURALIZATION. 305
It is strange, and wonderfully inconsistent, that a people who
have such strong and centralizing views of nationality, as those
of the United States, should have such loose views of the trans
fer of citizenship from one Nation to another. It is a subject
by which, more than by any other, in this era of the world, our
foreign relations are liable to be disturbed, and universal war
and disorder, provoked.
The theory and decisions of the United States government, so
far as they have been developed, until after the great rebellion,
were peculiarly selfish and one-sided, in regard to alienism or
expatriation. Thus, the right of an American-born citizen to
become naturalized into any foreign government, had been de
nied by us, whilst the right of the citizens of all foreign gov
ernments, to leave their own countries and become naturalized
in the United States, had been fiercely maintained. Yet the
right had even been conceded, of a foreigner once naturalized in
the United States, to renounce and again become a citizen of his
native government. And the whole set of our laws on the sub
ject, was evidently intended to allow and encourage the greatest,
possible amount of seduction of the citizens of other govern
ments, away from them, together with the minimum of desertion
from our own ; and without regard to consistency or national
equality. That our policy was clearly demagogic, and tended to
incite disturbance throughout the world, is fully proved by the.
fact that when the very foreigners whom we had received as
citizens, and upon oaths of allegiance abjuring all attachments to
foreign governments, departed from us, to incite or participate
in the struggles of their native countries, we still retained over
them the fostering and protecting care of our flag, and thus in
directly excited and stimulated them to foreign aggressions.
But this was one-sided ; for a citizen who proves by his acts,
that his warmest political affections are still in and towards his
native country, thus proves that in heart he has not become
truly naturalized-out from the land of his birth. The proper
course for our government to take, is to openly and fully warn
our citizens, that interference with the affairs of other govern
ments, will be taken as the virtual renunciation of citizenship
in the United States ; and if any difference, this interpretation
will be more surely given to acts of foreigners returning to their
20
306 BK - IIL NATION, in. in.
native lands and interfering there, than in regard to any other
kinds of interference ; on the principle that return revives citi
zenship there. And these warnings should be repeated, and re-
published thoroughly, when circumstances seemed to call for
them ; and then, if our Individuals would persist in interfering
with other countries, and in efforts and tendencies to embroil us
in foreign disturbances, then we had no more care for them than
any other neutrals had ; and the consequences of such expatria
tion, should be allowed to fall upon those who so persistently
bravadoed all the Nations interested, subject only to the claims
of common pity and humanity. The whole principle of our
past conduct, reminds one of the course taken by the French
Republic of 1789, which ended in stirring up all Europe against
it. The only supremacy which can be granted by international
law, to one government or people, over others, is a supremacy
founded upon intellect controlled by morality and goodness; and
only that kind of supremacy will ultimately prevail : and that iy
a s i remacy which will come about more by general consent,
than by force or threats.
Since the <r eat rebellion of ' 6 1-6 5, we have, to be sure, seen
that our policy was to amend our principles, but the amending
has only been of the theory chiefly, and not much, if any, of our
pract V(-s. Tut since England has settled the Alabama claims
liberally and promptly, and is treating us fraternally in the
affair of ou: 1 centenni i! ; it is time for us to let our old enmity
against her drop forever.
3. The Ilights of the Adoptive Nation.
We may sa , in general, that although our theory utterly de
nies the right of what our government did during the rebellion ;
namely, denie th right of a national government to forbid the
departure of its citizens, yet it by no means forbids Nations the
right of discretion, as to the reception or refusal of immigrants.
For instance, compare the Nation with the Individual Unit.
An Individual has liberty to go where he pleases, although he
has no right to intrude into the company of those who do not
want him. But this restriction is counteracted by the rights of
another unit, namely, Mankind. For, where populat on is in
excess of the capacity of the land to sustain it, and whilst there
are immense territories of other Nations uninhabited, it certainly
INDIVIDUAL NATURALIZATION. 3Q7
is the duty of some of those Nations, to receive the immigrants.
But whose duty is it? We answer, that treating the question
now as a moral one, we are to consider not only the extent of
uninhabited territory, nor the abundance of its wealth and pro
ductions ; neither are we to consider only the choice of the immi
grants, when that choice depends merely on the consequences of
such things as cheap land and high wages ; but we are to con
sider moral and intellectual relations. So that the duty of re
ceiving the immigrants, will devolve upon that Nation which,
having the most ability to do it, is yet nearest like them in intel
lectual, moral and religious character. This principle may be
modified to favor the reception of such classes of persons as are
scarcely fit in morals and intellectuality, the better, when such
persons are of a mild and peaceful and obedient disposition, so
that they will readily place themselves under the guidance of
their adopted country. For, among Nations as well as among
Individuals, self-preservation is the first law of nature. And
no theory in this case can be more unreasonable, than the suppo
sition that everybody has a right to go everywhere, and exer
cise political supremacy, and the consequent powers of governing
others ox THEIR native soil. And on the other hand, the right
of the immigrants to be free from imposition or tyranny of
their adoptive country, is involved in the necessity and the fact
of their coming, and in the duty of the other party to receive
them.
Now here is another place where our Precinct and Corpora
tion theories come in so admirably. In order then, to secure the
rights of all parties, probably the most satisfactory plan would
be, for immigrants to be allowed to form their own Corporations,
for their own government and rule, without control over, or
even without the ordinary subjection of their internal personal
affairs to, the government of the adoptive country. The feasi
bility of this will be deducible from our general principles of
Corporation, although no special allusion need be made to it
there.
But the Precinct-system offers really the most perfect and best
plan, for foreigners to enjoy their own rights customs and reli
gion, -with the least amount of interference with those of other
persons, or, of the adoptive Nation itself. But inasmuch as it is
308 BK - IIL NATION. III. III.
sometimes inconvenient, the Corporation-system would give the
most general satisfaction to them. Yet both systems can be em
ployed, some in some cases, and some in others. But the Pre
cinct-system is most effectual, both for releasing minorities from
the power of majorities, and also for releasing majorities from
control by turbulent and cabalistic cliques. And the same prin
ciple applies to keeping up the distinctions between Nations ;
that is, avoiding too much mixing of utterly heterogeneous
elements.
4. Personal Conditions.
\a) In General. We have already considered in part, the
rights of the adoptive Nation, by comparing them with the rights
of the Nation renounced. The remainder of this part of the
subject, embraces the reasons for requiring important conditions
of naturalization. These may be comprised in two divisions.
One, is, to prevent errors that may arise out of the changed rela
tions. The other, is, to procure and prove real fitness for the
transfer to the new nationality. The means relied upon in the
United States to accomplish these two objects, are, Length of
residence, Oath of allegiance, and Legal Registration under Judi
cial sanction. Something is said about good moral character,
but nothing is really done about that qualification, except in case
of having been publicly convicted and imprisoned lately for fel
ony. Some of these questions will come up again for a little
consideration, under the head of Qualification of Voters, in
" Selections," under " Civil Government," and such of them as
should come up there, are omitted here.
(b) As to Preventing Errors. The naturalization laws of the
United States are entirely right, in accounting that the citizen
ship of a husband, of itself) naturalizes the wife ; but this is
the opposite of oppressing women, and is hardly granting them
that equality of rights which some are so loudly demanding. In
regard to the difficulties about aliens holding real estate, when
privileged to hold personal estate ; in a country like this where
real estate confers no special political privileges, the distinction
is utterly useless, and is a mere result of the retention of anti
quated distinctions derived from the feudal law ; and the reten
tion of such distinctions is mere pettifoggery.
(c) As to Proving or Producing Fitness ; there is no evidence
INDIVIDUAL NATURALIZATION. 309
to belie v r e that oaths of allegiance are worth the few moments
spent in making them, or the paper they are written upon. As
to length of residence, IT is the most practicable reliance for pro
ducing or proving, feelings and convictions suitable to the changed
nationality. But we find that blind attachments to native land
are, not only life-long, but even hereditary. It is probable, that a
reasonable knowledge of the theory and principles of the society
and government INTO which they had come, taught to and ex
acted from foreigners, in order to naturalization, would be of
great use. The nominal condition of good moral character,, ought
to be made a real and vital condition. But even after all, the
greatest difficulty, namely, the predilections of birth and early
training, continue; and of these, the influences of early training
and c&m-sympathy, are greater even than the mere fact of birth
itself.
Special antipathy to any foreign government, is quite as fully
an UNfitness for naturalization, as partiality for the adoptive one,
is fitness ; and in fact the antipathy is, generally, only another
form for home-partiality, or some other prejudice, under a dif
ferent condition of things. But at any rate, the antipathy is
productive of more evil than the partiality is of good ; because
such is the general character of human nature that hatred is
more active than friendship.
Just as Nation is an eternal Unit of Society, so nationality is
an abiding element of human character, and is not capable of
being laid aside by an effort of will, nor by papers of natural
ization. This is constantly proved by the fact, that some of the
immigrants in the United States are continually at work endeav
oring to influence the peoples, and revolutionize the governments
from which they came. And then their quite' innocent and
proper publications and " organs/ 7 and societies for mutual be
nevolence, &c. have necessarily, although unintentionally,* the
effect of constantly keeping alive their old partialities and their
old animosities. If the immigrants came from a greater variety
of countries, and in more equal proportions from each of them,
their animosities, and the troubles and difficulties therefrom
arising, would be apt to balance each other, and so be less, gen
erally.
But the wants of the United States for population at first,
310 BK. III. NATION. III. III.
and the inducements our country could present, were so strong,
that an easy system of naturalization laws was natural, and al
most inevitable, under the peculiar circumstances. All that can
be done, is to educate their minds and hearts to truth and good
ness ; and then, trust to their own sense of honor justice and
kindness. All that we want is to preserve peace and justice.
No clamor about patriotism or " native" land, should bias the
matter. And it is well to receive foreigners as fast as we can
digest them, politically, socially, and morally.
!But we ought not to be in too great a hurry to parcel out all
our public lands. In some of the states and territories, for
eigners are allowed, even by the United States courts, political
privileges before naturalization. But this is contrary to some of
the fundamental principles of nationality. For nationality pre
supposes that its Precincts are parts of itself, not only geograph
ically, but personally. And this allowance therefore, is only
another part of that system which aims to draw immigrants
from foreign countries, and stimulates western emigration and
acatteration, wildly, and prevents our unoccupied lands from
being held forever by the public as landlord, and for the profit
of all the people (see Spencer on the tenure of land), and puts
them into the private ownership of the sort of gentlemen, whose
energy for taking care of " number one" is not the least of ' their
qualifications, and who are always ready to accept from the
Nation, a few hundred square MILES of good land, to " develop
BOOK IV.
CORPORATION.
CHAP. (A) PEEFACE TO CORPORATION.
OUR definition of Corporation is, that it is a something en
tirely different from, either Precinct, or Nation, or borough or
town, or any other Locality-government whatever. Just as is
the case with churches ; the members of the same Locality be
long to different churches ; and members of the same church,
belong to different Localities : so there have been, and it is as
conceivable that there may be, different civil governments for
different Individuals in the same Precinct ; and that such Cor-
poratiqns for civil self-government, may embrace members from
two or more Precincts. But the main point of the difference is,
that different Corporations for the self-government- of their own
voluntary members, may be formed WITHIN THE SAME PRE
CINCT ; just as persons may be members of different other vol
untary societies therein. The members would select themselves,
on the ground of metaphysical and moral resemblances or
adaptations. There would be intermingling of all classes, indi
vidually, personally and socially ; but the civil government for
each Individual, would, in most cases, be administered by the
civil or political corporation of which he was a member. Dif
ferences bet ween -members of different Corporations, would have
to be settled by arbitration, or in some other equitable manner,
between the authorities of the Corporations, or in methods pre
scribed by them. Nevertheless, matters strictly referring to the
geographical concerns of Localities, whether of Precinct or Na
tion, would have to be settled by those Local governments
respectively; and only such matters; except that all FOREIGN
affairs must be left also to the Nation.
We have had more difficulty and more labor, over our article
311
312 BK. IV. CORPORATION. (A)
on Corporation, than over almost any other part of the work.
One reason was, we had found no books that had afforded us
any material aid. True ; Mr. Carey's Large edition, in vol. 3,
chap. Hi. 3, pp. 415 to 423, has eight or nine excellent pages
upon the subject, in a miscellaneous way: but unfortunately,
these have been entirely omitted from the Abridged edition, (see
its chap. xliv. 2 and 3), which is the one I have generally
used. The reader is referred to the Large edition itself. Calvin
Blanchard, an old chum of Greeley, has also published consid
erably on this subject; but I have never seen any of his writings
thereon ; and as represented in the New York Tribune, his the
ory is very different from mine, as will appear in chap. ii. 2,
ensuing. Also, a Mr. Sinnickson has written some little, but
well, upon this subject ; yet not until my article was pretty well
under way, at least I did not meet with anything from him pre
viously, and only a few scraps, then.
Another reason of the difficulty and labor qver this subject of
CORPORATION, and this latter principally, was the fact, that
the variety of possible or even useful Corporations, is almost
indefinitely great; and even the variety of the political ones,
which are the kind we design specially to treat, is also so great,
that real difficulty arises, both as to the classifications of the
whole, and also as to the kinds to select for illustration, to
enable the reader, without undue complication or prolixity, to
have, both a glimpse of the whole field, and yet a sight of
minutiae sufficient to be intelligible and unequivocal. It was
also desirable, to endeavor to avoid such a repulsive dryness, as
would insure there would be no readers of the article at all.
Hence, it has been deemed best, to arrange its Main Divisions
or Parts, in a rather different order from what has usually been
pursued by us. Accordingly, the Argument, Anticipations in
history, and the Anticipations by some other Social Scientists,
and some formal Arguments for the Right and Expediency,
are placed first: Then, the General Survey of them, according
to their nature ; the Definitions and Classifications : And last
of all, are placed the more Exact Investigations of the general
theory, rising gradually to the most general conceptions of the
subject, and then falling to the more practical ones.
In this First Main Division, which we call the ARGUMENT,
ARGUMENT. ANTICIPATIONS, BY FACTS.
we only give a few Anticipations, and a few miscellaneous evi
dences for the rights ; and a few of the miscellaneous advan
tages, whether common to it with the Precinct, or peculiar to it
alone. We give these miscellaneous arguments in this Main
Division, simply because they seem out 'of place, in the two sub
sequent ones.
Many arguments for Corporations, are adducible also, either
for Precinct or for Nation ; and are thus common to two Ele
ments. Those common to PRECINCT and Corporation, will first
and frequently be treated. But for those common to NATION
and Corporation, the reader is referred back to that Element,
namely Book III. ; or forward to the investigation of " Corpora
tions exercising inherent political functions," as treated in the
Third Main Division of this present Element or " Book."
MAIN DIVISION I.
ARGUMENT FOR POLITICO-GOVERN
MENTAL CORPORATIONS.
SUB-DIVISION I.
ANTICIPATIONS OF GOVERNMENTAL CORPORA-
TIONS.
CHAP. I. ANTICIPATIONS BY FACTS.
1. In Religion and Morals.
The earliest Corporations we find in history, whether con
nected with the civil power, or independent of it, are the
religious organizations. Bretano expressly says, they followed
immediately after the " frith guilds"; and the frith guilds are
essentially our elementary Precincts, and not merely artificial or
deliberative Corporations. And the religious organizations of
most countries and ages, are either virtual or actual Corpo
rations.
The tribe of Levi was a legally instituted national Corpora
tion. It occupied a very different position, from that of all the
churches in the United States, taken collectively ; and different
314 BK. IV. CORPORATION. I. I. I.
a^o from any modern national church. Its position was like
that of the bishops of the Middle Ages, possessing secular
dominions. Hence, it exercised civil authority, by virtue of its
religious office. The Levites, besides possessing the dignities
and exemptions enjoined as religious officials, were also the
ordinary civil judges, of the country around the numerous cities
allotted to them. '
The Christian churches have always been Corporations. Just
as the reformation and freedom in the churches, in the 16th
century, were, as Guizot says, the precursors and first steps of
reformation and freedom in the intellectual world ; so also the
commencement and persistence of independent Corporations, by
churches, may be the precursors and first steps of civil govern
ment by Corporations in general.
The monastic institutions of the Middle Ages, possessed a very
considerable degree of municipal power upon their own territo
ries; and were also allowed more or less political, as well as
ecclesiastical representation, in the Nations. Of Monasticism,
Comte (Pos. Phil. 608) says : " We must also recognize the
political bearing of the monastic institutions, which certainly
were one of the most indispensable elements of the vast organ
ism, * * * the cradle whence issued by anticipation, the chief
Christian conceptions, dogmatic and practical ; * * * the founda
tion whence issued the reformation of orders ; a provision for
the beneficial exercise of political genius, which it has been im
possible to appreciate since its inevitable decay. * : The
Catholic system could not have preserved * * * the attribute
of generality, * * * if these contemplative train-bands, who
were placed by their very nature at the universal point of view,
had not been forever reproducing direct thought, while exhibit
ing an example of independence which thereby became more
generally practicable."
It is a Corporation of the most respectable citizens of Gothen
burg, Sweden, who are now executing the most successful plan
against intemperance, ever devised. They pay all its profits into
the city treasury, appoint all the retailers, furnish them all the
liquor at wholesale, allow no profit whatever to be made by the
retailer, out of the strong liquors sold, but only the profit out
of malt liquors, coffee, tea, cigars, and victuals, which they are
ARGUMENT. ANTICIPATIONS, BY FACTS. 315
required to keep on hand, and to sell reasonably. Also the
Corporation requires the sales-rooms to be pleasant places ; and
does not allow any liquor to be sold either on credit or on
pledge.
Our respectable Indian commissioners might succeed as well
as the Swedish Temperance-friends, if only they were duly
organized into a suitable Corporation. But otherwise, the
" rings" against them are too strong for them.
2. In Politics and Parties.
All the political parties, great and small, are virtual Corpora
tions ; so also are the organized " rings" and cliques within these
other organizations, whether of church or state. Several of the
" United States" were started by, or soon transformed into, Cor
porations. Indeed, all Corporations, when they become great and
important, are drawn more or less into politics, even if not in
tentionally so. But generally, they turn their realized greatness
voluntarily, into political channels. Even the Temperance-
societies and the Peace-churches, sooner or later, and more or
less, find themselves acting according to this tendency.
Carey has enumerated some valuable Corporations of antiquity,
to which the reader is referred ; namely his Large Edition, vol.
3, chap. Hi. 3.
The legislative and judicial authorities in the Middle Ages,
were cosmopolitan. They were Councils of virtual compromise,
acknowledging the representation of Corporations such as we
propose in the latter part of this article ; and some remnants of
which, still continue. The parliaments or national assemblies of
the European governments, contained representatives of the Free
Cities, the Churches, the Monasteries, and the Universities. But
these were in such small proportion, as to avail but little before
the grand controlling power of the Great Localities. But even
so far as these corporate representatives did retain real power,
the power itself gradually ceased to be free in its operations ;
besides, the choice of the representatives also ceased to be free.
But worse than all, the Corporations themselves became anti
quated; and the system contained no principle of recognizing
Corporations as such, nor of reorganizing them ; and therefore
new kinds as demanded by progress, were not formed ; and of
course, when the Corporations ceased to have general political
316 BK - IV. CORPORATION. I. I. I.
f
value, their rights lost their defenders, even among the un
learned laity. Nevertheless, those legislatures were sufficiently
analogous to these we propose, to entitle them to be here cited.
Several of the earliest and most prominent attempts at settle
ment, in the United States, were made by 'actually chartered
Corporations. Such was the case with that at Jamestown, which
was the earliest of all. The Jamestown Corporation was divided
into two companies, each having its own part of the territory
to manage. This Corporation, eleven years subsequently, al
lowed its colonists to elect delegates to a legislative assembly,
whilst retaining itself the appointment of its governor and select
council ; but in a few years more the Corporation dissolved :
and that was the origin of democracy in the United States.
Then the "Plymouth Corporation" obtained, in 1620, the grant
of the United States, between Maryland and Canada ; and from
that Corporation the "Pilgrim Fathers" obtained their lands;
whence came the grants of Massachusetts, Rhode Island and
Connecticut. The settlements at and near Philadelphia, were
begun by a Swedish Corporation in 1638, many years before
Penn came. The first settlements in New York were made
in 1610, by a Holland Corporation, "the Dutch West India
Company." And the principal impetus to the settlement of
Georgia, was given in 1732, by the charter of incorporation
under the leadership of Oglethorpe. It must be admitted, that
all these Corporations ultimately failed of their corporate de
signs; partly because the colonists had but little gratitude to
the Corporations who had brought them over from the Old
Country, and given them lands ; but chiefly, because, being for
eign and non-resident Corporations, they were no more able to
govern the Colonies, than were the respective kings, or other
civil authorities, of the countries whence they had come. And
that the colonists were able to throw off the yoke of the Cor
porations, so much easier and sooner, than the yoke of the kings,
and that the Corporations yielded so to the force of circumstances,
is proof of their value, if only rightly constructed. And all that
kept them from yielding more readily, seems to have been the
hope of regaining their financial losses therein, an opposition
that might have been easily and justly met, by the colonists
compensating them fairly.
ARGUMENT. ANTICIPATIONS, BY FACTS. 317
3. In Education.
The Universities and Colleges of modern Europe, possessed
for centuries, a limited degree of municipal authority. The
word "collegium" itself meant association, and included the
ideas both of partnership and Corporation. " The word univer
sity, in the code Justinian, is used to designate a Corporation.
Thus there were in Rome, in the 7th and 8th centuries, univer
sities of tailors, bakers, &c." (App. Cyclop, xv. 836). The uni
versities soon found it necessary to have some sort of municipal
government, by instituting their members into Corporations for
that purpose. For administering their authority, the univer
sities were subdivided, sometimes into colleges, and sometimes
into DIVISIONS OF SEVERAL NATIONALITIES ; yet each of these
divisions included several different nationalities. It was this
necessity, perhaps, quite as much as respect for learning, that
caused the universities to be allowed various kinds and amounts
of political power, both representative and judicial.
Several of the European medical colleges, "have both a power
of police over matters pertaining to the public health, and the
privilege of examining candidates for medical degrees/' and
without whose authority they cannot practice. (App. Cyclop,
v. 468).
Oxford University in England, and so also Cambridge, is a
federal Corporation, consisting of several distinct colleges, each
of which, within certain limitations, is an independent organiza
tion, having its own private property, and having control over
its own students within its own boundaries.
Of . the Universities, Comte (Pos. Phil. p. 726) says: "At a
time when national divergences were still very great, and when
the Catholic bond was dissolved ; the Universities threw open
their doors to foreigners ; so as to mark the new speculative class
as European, and to afford the best testimony to the cosmopolitan
character of the scientific spirit."
Most of the communes and communities, at least the Protestant
ones, are and have been, without actual charters, but yet are vir
tual Corporations, exercising a limited degree of governmental
power. And they may as well be enumerated here, under edu
cation, as anywhere elsej because their principal use to the world
thus far, has been to teach by example 'and precept, what can be
318 BK - IV - CORPORATION. I. I. I.
done in their way; and thus they are instances of what Corpo
rations have done in education.
4. In Trade.
Plutarch relates, that in the early ages of ancient Rome, Numa
organized the citizens into societies or Corporations, according to
their occupations. Some of the modern savans, however, say that
Plutarch was wrong in this story ; but how our savans should
have so much more certain knowledge about it, than Plutarch,
is not so easy to see. But it is very easy to see, how this very
variance from the present customs and ideas, might raise doubts
as to the ancient facts. According to Plutarch, (App. Cyclop,
v. 467) : " The original design was to prevent the danger of any
general conspiracy, by x organizing separate assemblies, festivals,
and finances, for different portions of citizens." But in fact,
these institutions had rather the opposite tendency, and became
so disorderly that they were repeatedly suppressed by the Roman
government. But in modern times, we find such organizations
arising spontaneously. All our trades, wholesale and retail,
"Employers and Employes, are forming themselves into partial
Corporations for their particular self-interested purposes.
The Guilds of .Europe in the Middle Ages, remnants of which
continue to this day, were virtually, political Corporations. Of
these Guilds, Comte (p. 695) says: they "incorporated the
members of each craft, and protected Individual-industry at
first; however they might oppress it at last." Bretano, in his
history of Guilds, says : " The trade-unions of the present day,
were the successors of the ' craft-guilds' of the Middle Ages.
These again succeeded to the town-guilds or guilds merchant,
which were local rather than professional, and included the com
mercial rather than the producing class. These were preceded
by a yet more ancient sort of guilds, the religious or social
guilds ; for they were a mingling of both characters ; and before
these, came the original guilds, the frith-guilds of the Anglo-
Saxons, which seem to have been associations of neighbors for
mutual help and defence" , [namely, Our Precincts]. " Within
the craft-guilds, the institution of apprenticeship grew up. This
institution was then accompanied with much formality; for it
was not merely the. introduction to a business, but to CITIZEN
SHIP."
ARGUMENT. ANTICIPATIONS, BY FACTS. 319
Of merchants making their own laws, Comte (p. 694) says :
" During the medieval period, when industrial communities legis
lated independently, before the formations of the greater polities,
there were commercial tribunals and regulations, which do great
honor to the Hanseatic merchants, whose jurisdiction contrasts
very favorably with others of that age." And we add, that the
old Dutch Bank notes, founded upon and representing always,
the exact amounts of coin actually deposited and reserved,
were the only legitimate paper-currency, the world has yd seen :
and, the departure from which system, has entailed a financial
curse upon the world, which, in all probability, will continue to
weigh heavily upon it, as long as the ordinary course of human
things shall endure.
The greater part of the mercantile law in England, may in
spirit be regarded as the work of Corporations ; for it is chiefly
a digest of mercantile usages of late date. Mr. Mill, while
strongly condemning the common law of England, yet com
mends the mercantile part of it highly (Pol. Econ. p. 534), as
follows: " Fortunately for the prosperity of England, the
greater part of the mercantile law is comparatively modern, and
was made by the tribunals, by the simple process, of recognizing
and giving force of law to, the usages which, from motives of
convenience, had grown up among merchants themselves ; so
that this part of the law at least, was substantially made by
those who were most interested in its goodness."
Of this class of Corporations, the most interesting and the
most hopeful kind, are those which we often find men sponta
neously forming, in order to avoid the corruptions and ineffi
ciency of the ordinary law ; and thus to perform spontaneously
and very satisfactorily, the particular functions for which they
are organized ; for instance, associations such as the Boards of
Brokers, Boards of Trade, Chambers of Commerce, and vari
ous kinds of Trade-Exchanges, Trades-Unions, and Employers'
Unions, which are found more or less in all the large cities of
the world.
5. Cosmopolitan and Migratory.
Several Corporations are cosmopolitan, and almost world-wide.
The Jewish people have ceased from being a Nation, for 2000
years ; yet have continued to live as a virtual world-wide Cor-
320 BK - IV - CORPORATION. I. I. I.
poration. The Catholic Church is another cosmopolitan Corpo
ration. So also are the Moravian and Quaker Churches ; also,
several of the great Foreign Missionary Societies. So also are
the Free Masons, and perhaps some other Societies.
Then also there are various migratory or TRAVELLING Cor
porations. The settlers and colonists on new territories, are
always virtually, and often actually, incorporated Companies.
Sailors and soldiers are travelling Corporations, both virtually
and organically. The Gypsies also are a notable exemplification,
exercising politico-governmental functions among themselves, by
voluntary organization; entirely independent of all other "civil
powers"; and almost entirely abstract from particular Locations,
whether Precinct, Nation, or even Continent
Some of the Corporations established for making foreign set
tlements, are also cosmopolitan, and almost world-wide, in their
nature. The British and Dutch East India Companies, begun
for trade, exercised political government, and produced settle
ments. So also several other organizations, which in former
centuries helped to settle the newly discovered Continent. Cali
fornia received many of its best early settlers from the East, by
means of Corporations ; and now it is receiving its vast addi
tions from the " Celestial" Empire, by the same means. All the
classes of society and all the Social Circles, are VIRTUAL Corpo
rations, and may be enumerated under the head of cosmopolitan,
as well as anywhere else.
Chivalry was another cosmopolitan institution. Comte (p.
621), says : * * * " Mohammedanism had, even before the Cru
sades, originated something like the noble associations, by which
Chivalry affords a natural corrective of insufficient Individual
protection," * * * yet " their free rise is attributable to the Mid
dle- Age-spirit." The examples of Chivalry show some of the
principles, whereupon the peace-men may build their theories of
the most absolute non-resistance : because there will rise up FOR
SUCH, when oppressed by fighting men, other fighting men, actu
ated by mingled duty, compassion, combativeness, and love of
glory. And for such, the Corporation-method is the best.
ARGUMENT. ANTICIPATIONS, BY WRITERS. 321
CHAP. II. ANTICIPATIONS BY WRITERS.
1. The Ancients and the Idealists.
Plato, in his Model Republic, bases his whole theory of gov
ernment, upon the conception of a Corporation. For, as Spencer
(111. Prog. 391), says, his (Plato's) ideal of a body politic, is to
be put together by men, in parts, as a watch might be.
The Scripture places the Corporation of the Christian Church,
on a par with a Kingdom or Nation. It is often, in the Gospels,
called the Kingdom of God. And in Matt., xxi. 43, is expressly ,
called A NATION. And the Prophet Daniel speaks of it, as a
kingdom which should ultimately absorb all the other kingdoms
of the Earth.
Hobbes, not only implies but actually asserts, the corporate
nature of bodies politic, and this, notwithstanding his whole
system is based upon the analogy of society to a living animal.
" l BY ART/ he says, ' is created that great Leviathan, called a
Commonwealth. 7 And he even goes so far as to compare the
supposed social contract, from which a society suddenly origi
nates, to the creation of a man by the divine fiat." (See Spencer's
111. Prog. 391.)
In fact, the general principle that pervaded most writings on
Society and Government, in all ages previous to the utterance of
Mclntosh, that " constitutions are not made, but grow," was
the idea of virtual Corporations. But in our day, the principle
is being ignored in all directions. Even Spencer, whose theory
would be greatly aided by our principle of Corporations, says,
that the fact " that this Apothegm of Mclntosh should have
been quoted and requoted as it has been, shows how profound
has been the ignorance of Social . Science." But how he can
reconcile this, with that other great doctrine of his, namely,
" that all science is but the extension of common knowledge,"
we do not see. Yet perhaps we are in the darkness that " per
vaded through all previous time" ; for we are convinced, that if
hitherto it has been true, that " constitutions grow but are not
made," it is high time they were really made.
Also, all other of those writers who have proposed ideals of
government, (as Sir Thomas More, Fourier, and so on,) proceed
on the same virtual Corporation-Hypothesis of government.
21
322 BK - IY - CORPORATION. T. I. II.
Even the framers of the constitution of the United States, pro
ceeded on the same hypothesis. The whole theory of " delega
tion of rights/' as the origin or essence of government, proceeds
upon the same hypothesis.
2. The Modern Scientists.
(a) Spencer. That all civil governments, whether of the Na
tion or Precinct, partake of the nature of a Corporation", seems
indeed almost to have occurred to Spencer. Thus, (111. of Prog.
396) : " The last and perhaps the most important distinction"
between an animal and society, " is, that while in the body of an
animal, only a special tissue is endowed with feeling in a so
ciety, all the members are endowed with feeling." Thus, the
Principle of Political Corporation seems to have almost occurred
to him, but in such an indirect and merely figurative way, as to
have passed him by, without any serious attention. Even his
whole idea of government, originally was that of a sort of Cor
poration, and seemed to allow no natural, instinctive, spontane
ous, nor elementary rights to society as such ; nor scarcely any
other rights, than if it were only a voluntary Corporation."
(Continuing from Westminster Review, Jan. 1860, we quote):
" The community as a whole has no general or CORPORATE con
sciousness, distinct from those of its components. This is an
everlasting reason, why the welfare of citizens cannot rightly be
sacrificed to some supposed benefit, of the State ; but why, on the
other hand, the State must be regarded as existing solely for
the benefit of citizens. The CORPORATE life must here be sub
servient to the life of the parts, instead of the life of the parts
being subservient to the CORPORATE life."
Again : Spencer has laid down the broad PRINCIPLES, in a
general way, whereby the Individual-man and Corporations,
react upon each other: the principles whereby Corporations
would provide for and cure, the evils which their own system
might give rise to. Although, it seems, that Spencer himself
had chiefly in his mind, the organization of Nations, Provinces,
Geographical formations, &c. Yet he has repeatedly pointed out
the reciprocal actions, of man, on his surroundings ; and then
of those surroundings, on man ; and then of the changed man,
again on his surroundings; and then, of those surroundings,
again on the man. And these reciprocities of influence reach
ARGUMENT. ANTICIPATIONS, BY WRITERS. 323
their climax, of degree, kind, and importance, in the reactions
of human SOCIETIES or ASSOCIATIONS, upon each other. There
fore we may infer, that these reactions and reciprocal influences,
will "evolve" their greatest results, that is to say, will do their
HIGHEST work, in CORPORATIONS. Spencer calls these recip
rocal influences or powers, " Factors of Social Phenomena" ; and
those of the influences which are above the physical, and iray
be termed moral and metaphysical ; he would call the "super-
organic" Factors. But, let us quote, and allow him to speak for
himself.
Spencer in Principles of Sociology Part I. chap. ii. 13,
says: "Recognizing the primary truth, that social phenomena
depend, in part on the natures of the Individuals, and in part on
the forces the Individuals are subject to ; we see that these two
fundamentally-distinct sets of factors, with which social changes
commence, become progressively involved with other sets, as
social changes advance."
And again 1 2, he says : " During social evolutions, these
influences are ever modifying Individuals, and modifying so
ciety; while being modified by both. They gradually form
what we may consider, either, as a non-vital part of the society
itself, or else as an additional environment, which eventually be
comes even more important than the original environments, so
much more important, that there arises the possibility of carry
ing on a high type of social life, under inorganic and organic
conditions, which originally would have prevented it."
And again 11, he says: "Yet a further derivative factor
of extreme importance, remains. I mean the influence of the
sitper-organic environment, the action and reaction between a
society, and neighboring societies. * * * For I may here, in
passing, briefly indicate the fact, 'to be hereafter exhibited in
full, that while the industrial organization of a society, is
mainly determined by its inorganic and organic environments;
its governmental organization is mainly determined by its super-
organic environment, by the action of those adjacent societies
with which it carries on the struggle for existence."
If the reader should refer to Spencer's Part I., above men
tioned, he would find considerable said about the units of soci
ety, the social units, &c. ; and might suppose Mr. Spencer had
324 BK - IV. CORPORATION. I. I II.
some idea like our Six Units. But such is not the case. For,
Mr. Spencer uses this word Units, ONLY in reference to the IN
DIVIDUAL : and without explicit definition, that conception runs
all through it. See 6, 13, 14, 21, 22, 24, 25: and all along;
thus, in his three great divisions (in separate chapters), "the
physical, emotional, and intellectual, traits of primitive man":
also 49, and so on. But although he has no reference to any
other unit than the Individual; yet such is the abstract and
general nature of his thought and language on society, and so
true is the type-theory, of the Individual really being type of all
the five Units above it, and so true also is our theory that all the
Six Units are types of CORPORATION, that what he says, (all
along in his " Data of Sociology"), of the Individual -man, is
true also of all our Seven Fundamental Elements of society,
and therefore is true also of Corporation. And that celebrated
generalist, has probably, in some other places, had indistinct and
undeveloped reference, to such voluntary association as we would
call Corporation. In all the foregoing or other references to Mr.
Spencer, I mean nothing else than the profoundest respect for
him : yet still it is possible, that the idea of Political Corpora
tions possessing fundamental and inherent political functions,
may have been (as I suppose), dearly " differentiated" for the first
time, by me.
(b) Guyot. Guyot also, without knowing it, or without calling
special attention to it ; anticipates the necessity of Political Cor
porations; where, after praising the Greek civilization for its
Individuality and Precinct-independence, but condemning it for
its lack of Nationality ; he says, (p. 309) : " The Greek princi
ple is individuality, and not association ; and this is still further
determined by the race, by the tribe, that is, by nature, AND
NOT BY VOLUNTARY AGREEMENT. THIS political and social
work is a NEW work, and is entrusted to a new country and a
new people :" evidently meaning, this business of making gov
ernments by " voluntary agreement."
(c) Mill Mill, Pol. Econ. p. 542, sets forth the rights of Cor
porations, so far as " commerce or industry is concerned." But
the same language appears to be equally true, when applied to
any kind of Corporation, to perform almost any function, which
either Individuals or society ought to be allowed freedom to ac-
ARGUMENT. ANTICIPATIONS BY WRITERS. 325
complish at all : " If a number of persons choose to associate for
carrying on any operation of commerce or industry, agreeing
among themselves, and .announcing to those with whom they
deal, that the members of the association do not undertake to be
responsible beyond the amount of the subscribed capital ; is
there any reason that the law should raise objections to this pro
ceeding, and should impose on them the UNLIMITED responsi
bility which they disclaim ? For whose sake ? Not for that
of the partners themselves ; for it is they whom the limitation
of responsibility benefits and protects. It must therefore be for
the sake of third parties, namely, those who may have transac
tions with the association, and to whom it may run in debt,
beyond what the subscribed capital suffices to pay. But nobody
is obliged to deal with the association ; still less is any one
obliged to give it unlimited credit. The class of persons with
whom such associations have dealings, are in general, perfectly
capable of taking care of themselves ; and there seems no reason
that the law should be more careful of their interest, than they
will themselves .be ; provided no false representation is held out,
and they are aware from the first, what they have to trust to."
(d) Carey. Mr. Carey, in Hunt's Merchants 7 Magazine, May,
1845, speaking of a Corporation of Industry, says: "Its' oper
ations partake in some respects of THE NATURE OF THOSE OP
GOVERNMENTS." Again : " A careful examination of the sys
tems of the several States, can scarcely, we think, fail to con
vince the reader, of the advantage resulting from permitting
men to determine among themselves, the terms upon which they
will associate; and allowing the associations that may be formed,
to contract with the public, as to the terms upon which they will
trade together, whether of the limited or unlimited liability of
the partners." And this remark, like Mr. Mill's, is as true
when applied to Corporations formed for social and for general
governmental purposes, as to those for any special governmental,
or for any other purpose. If not ; then for whose benefit is the
NOT?
(e) Comte. Comte (Pos. Phil. p. 765), consciously expects a
spiritual, a super-material authority IN society ; and that it must
finally become instituted, have " its political organization, * * *
and be regularly constituted." His type evidently is the church.
326 BK - IV - CORPORATION. I. I. II.
Whence we may infer, that he looks to some kind of intellectual
Corporation as the new super-material power. Again, more
pointedly (p. 787) he says : " Such thinkers may form a posi
tive Council, under one form or another; and act, either by
reviewing and renovating all human conceptions, or by insti
tuting seats of education for the advancement of positive knowl
edge, and for the training of fit coadjutors; or by regulating
the application of the system, through unremitting instruction
of all kinds ; and even by philosophical intervention in the
political conflicts, which must arise till the old social action is
exhausted."
(/) Ballon. The first view that we have found in any writer,
of a theory of Corporations, approximating ours, is in Adin
Ballou's " Christian Socialism." We however had not understood
it, nor even seen his book, until after our theory had suggested
itself. The two theories are very different. His is a modifica
tion and improvement of and upon Fourierism, and all the other
proposed social reorganizations ; but ours is a development from
the Tribe-theory, of the origin of civil government ; and arose,
because it was found that the Social Circle and the Precinct, by
themselves, without the Corporation, did not express the whole
of the action of the Tribe-element, in modern society. See Bk. I.
Pt. II. Ch. VIII., and Bk. IV. M.D. II. S. D.L. Ch. I. and II.
Our theory originates with the rights of Individuals, Families,
and Precincts, according to the German and ancient Greek idea.
But Mr. Ballou's theory goes unconsciously upon the assumption
of the Roman idea, of centralism, and of government descending
from the greater to the less. The same " seven identical circles"
are to be in < all his Corporations alike ; namely, " the adoptive,
unitive, preceptive, communitive, expansive, charitive, and pa-
rentive." But these circles are not to be incorporated, nor even
to have any permanent general organization as such. "This,"
says he, " precludes all the evils of caste" &c.
And what can we think of a civil polity for the United States,
or for any other republican government, which would require
all its members to abstain entirely from participation in civil and
political affairs ? And what also can we think of requiring of
its members, the belief of such a subtlety as the doctrine of Uni
versal Salvation, as one of the "principles of theological truth."
ARGUMENT. ANTICIPATIONS, BY WRITERS. 327
fundamental to the constitution of society ? Such things might
be admissible, as repetitions of the small exclusive communities
that have so often been tried, but are hardly worthy of a place
in Corporations which propose, as his do, to entirely absorb all
the functions of civil society. His Corporations are to keep so
much aloof from established governments, that they are not even
to obtain charters, or legal acts of incorporation, (but he takes
care to say, his trustees "shall take the utmost care that all titles
to Heal Estate shall be so expressed, executed, and RECORDED,
as effectually to preclude all ulterior controversies"; and further
more, "shall execute and cause to be recorded in the Registry of
Deeds for the County, a DECLARATION OF TRUST" &c.). No
force is to be used ; except to compel miserably unhappy married
people, to live together: Inflexibly as in the Roman Church, or
even more so, for there is no Pope there, to grant "dispensations."
"Divorce," says he, "shall NEVER be allowable, except for adul
tery CONCLUSIVELY proved."
His division of Corporations, into two kinds, "Parochial and
Rural," is very good. By " Rural" he means what we should
call Precinct-Corporation ; or, the contrast between Parochial
and Rural, might be expressed by the words, Total and Partial,
or Social and Local. Then again, his division of Corporations,
into "common-stock and joint-stock," is also good; "joint-stock"
meaning regular share-holders' companies ; and "common stock"
meaning unlimited-property-communism. But he does not seem
to conceive of the possibility, of so modifying and combining
these two kinds of societies, as to give rise to a third kind, which
might partly be a compromise between them. In other words,
he does not conceive of the idea, that property holders could
really give their incomes into the common fund ; and yet retain,
or have allowed to them, the privilege of voting in proportion
to such contributions, as if private shares of stock in joint-stock
companies. It must be remarked here, that he calls all these
different organizations, " communities" ; and the totality of them
all, fie calls a republic.
And we may add here also, that if worthy Corporations would
apply to the civil governments, and obtain complete charters and
independent rights ; such rights would probably be respected in
ALL after times, whether by friends or enemies. Perhaps such
328 BK - IV - CORPORATION. I. I. II.
Corporations, of a limited communistic kind, are yet to be the
principal arks, whereby "the elect" are to be saved from the
deluge of LEVELLING fire, that may perhaps sweep over the
world, before many centuries have elapsed. But as far as such
independent and peace rights, can be obtained from govern
ments, so far of course, the Corporations are bound to abstain
from participation in the affairs of the enclosing government.
And this is just, what our theory, in part, insists upon, namely,
the duty of civil governments to GRANT, but not for societies to
take without permission.
Mr. Ballou does not use our word Corporation, but w r e use
this word, all along (in speaking of his theory, as also of our
own); the better to show the points of connection between the
two theories, as we desire to point out their connections, as well
as their differences.
Mr. Ballou's ideal was, to transform all the local governments of
the whole Nation, into Corporations of persons who should adopt
ALL his fundamental principles. And a part of this ideal seems
to have been, that its complete success would ultimately dispense
Avith the use of a national government altogether. But this is a
fundamental error : the Corporation cannot displace nationality,
because the Corporation is a part of the Tribe-element, and
therefore cannot fulfill at most, more than all the functions of
the Tribe-principle, and therefore at most, can only fulfill the
functions of, or displace, Social Circle and Precinct.
(g) Calvin Blanchard. As a set-off to Mr. Ballou's views, let
us print some of the dying words of Mr. Blanchard, the Posi-
tivist, an old chum of Greeley. He says, "The ' Philosophers'
and ' Literati' will hardly believe my asseveration, that within a
few years past, I. have sent forth among unassuming, common
sense people, books and pamphlets to this purport, written by
myself, to the extent of more than 250 thousand. * :: * Aided
by the social architects who have preceded me, I have fully dis
covered and demonstrated, that the whole world will be united
under the government of those who will be guided by the con
stitution manifested in Human Nature, and by the laws with
which they will thoroughly acquaint themselves, in relation
thereto, to the entire exclusion of all other so-called constitu
tions and laws. * * * By studying the said true constitution
ARGUMENT. ANTICIPATIONS, BY WRITERS. 329
and laws, they will find out and put into practice, the great Art
of Arts, whereby the perfect happiness of every then and thence
forth human being, will be completely secured ; as they will also
find out, that only by continuing that practice, can they secure
their own happiness. So intimately are Mankind connected,
they form one Unitary Being. * * : The Science of Sciences,
and Art of Arts, the crowning triumph of Nature through
Art, will be the organization of the whole world, including it
and all its inhabitants, in one Joint Stock" [not common stock]
"Corporation, that will guarantee perfect happiness to every
human being who shall then exist, or thenceforth come into
existence." (!)
The great objections to this view of Mr. Blanchard, are,
(1) that it entirely ignores two essential elements of society,
namely, Precinct and Nation. Corporation, we admit, is ca
pable of fulfilling nearly all, but yet not quite all, of the func
tions of civil government. And (2) that it seems to give too
much prominence to the joint-stock principle, as compared with
communism. (3) The greatest error of all, is, in supposing that
any one Corporation could answer all the wants of even any one
person. The great good that Corporations can accomplish, is
obtainable by their multiplicity, and by the consequent choices
which they would thus present to everybody, everywhere. It is
even possible, that Corporations may rise in generality, so as to
become really w T orld-wide ; but not possible nor desirable, that
any ONE or even any very few Corporations, should absorb all
the others. See this train of thought pursued, in the Third
Main Division of this article.
(h) School of the French Empire. In the school .of higher
studies of the French Empire, (says the Journal of Social
Science of the Am. Assoc. for 1869), there has been established
so lately as January, 1869, in " the section of economic sciences,"
a course which includes the history " of commercial and indus
trial ASSOCIATIONS." These of course, virtually are Corpora
tions ; and in Europe, pretty " close" ones, too.
330 BK - IV - CORPORATION. I. II. I.
SUB-DIVISION II.
EIGHT OF GOVERNMENTAL CORPORATION.
CHAP. I. STATEMENT OF POSITION.
When writers say that citizens have full right to meet and
form laws for THEMSELVES ; they SAY, for themselves, but MEAN,
for each other; and so, they entirely confuse Individual-obe
dience with social obedience. What is wanted is, some legal
authority ; not that would give one class of persons, control over
another, nor even one class, control over its own members, with
out their consent; but that would only give classes and societies,
control over their own members, so far as each Individual or
Family had first joined any such society, and promised obe
dience to it, as the civil government he or they would choose
and prefer, first among all the possible or convenient ones that
were within their opportunities.
Some Corporations have one kind of power, and others
another kind; but within only voluntary limits. Churches
rule partly over marriage and divorce, partly over morality,
and partly over benevolence. Classes and Social Circles rule
partly over the same vital points of discipline. And the great
fraternal beneficial societies, as Free Masons, Odd Fellows,
Orders of Temperance, &c., also exercise their respective shares
of authority. The Trade-Corporations, whether of the wage-
classes or of the capitalists, govern their respective matters, by
rules fast settling into legality. The municipal law cannot put
down the trade-unions, and has even to acknowledge the cus
toms of merchants, as constituting "the Law Merchant"; and
so on. And then the Municipal boroughs exercise the local mu
nicipal authority, over a few external matters, other than those
which pertain to the geographical economy ; for this geograph
ical economy, in any case, must be left to some local authority,
until indeed every Precinct itself becomes a moral unit, by nat
ural segregation, in which case the difference between abstract
Corporation, and local borough, would become eliminated.
Now, what our theory of Corporations, asks and argues for, is,
ARGUMENT. RIGHTS, IN GENERAL. .331
the right and freedom for, and the expediency and practicability
of, actually introducing Corporations which shall accomplish
several or all of these functions, in ONE organization ; yet, with
out destroying the freedom of the Individual, because he would
always be left free to change his membership to any other Cor
poration that would freely accept him. What we ask for then,
is, the institution of whole Corporations for whole uses, instead
of or beside, only fractional Corporations for only fractional uses.
There is an analogy here, to the argument in Precinct, Part
I. Chap. II. 1. Various Counties and Districts are found ex
isting, and possessing separate special and local " privileges," as
of liquor, dogs, sheep, police, &c. ; and we asked for every Dis
trict to be allowed all these privileges at once. So also there
are various Corporations, as we have seen, for securing separate
special rights ; one Corporation for one right ; and another for
another right. And we ask, that these and other Corporations
may be allowed, which shall combine provisions for guarding
and enforcing as many rights in each one Corporation, as its
members choose voluntarily and fairly, to unite in it for. And
such Corporations, therefore, would take cognizance of the
" Rights of Persons," as well as also of the " Rights of Things."
Nevertheless, our Corporation-theory does not conflict with
the doctrine, that Nations and Precincts are moral personalities ;
but the theory affords the only method, whereby that doctrine
can be justified in principle; or that can sustain the action of
the local authorities as Units, in the face of the world's modern
doctrine of liberty, and the rights of the Individual. Either
the right of special Corporations, must be admitted to entitle to
exception from the local authority, in questions of vital im
portance, wherein Individuals object ; or else the doctrine will be
forced upon us, that all governments are only voluntary Cor
porations, subject alone, only and entirely, to the stipulated con
ditions of those who are members ; for the idea of " subjects" is
passing away, with that absolutism of which it was a part.
CHAP. II. EIGHTS IN GENERAL.
Corporations, according to Blackstone, are treated in law,
merely as artificial persons. Here is wheVe the old theory of
law, seems utterly to lack the capacity of appropriating the new
332 BK - IV - CORPORATION. I. II. II.
theory, or the new organs of society. By the old law, a Corpo
ration is regarded somewhat as a slave used to be; that is, as
an Individual without any natural rights; nay, the case is still
harder than the slave's, for the very existence itself of a Corpo
ration, and not only its rights, is supposed to be derived from
statute law. No progress can be made, of any great impor
tance, until law proceeds on the entirely opposite presumption,
namely, until law proceeds on the presumption that Corporation
is one of the great and abiding elements of human society ; and
that men have a natural right to form themselves into Corpo
rations, for all such objects, and in all such manners, as they may
choose ; except only where law deems it wise to interpose some
special restrictions. And this freedom of Corporation must be
held in its widest extent, from simple partnership upwards.
It follows, as a matter of course, not only that all charters
should be general instead of special, but rather that there should
be no charters at all, except the legal contract between the par
ties, perhaps duly recorded. It follows also, that the few re
strictions which law may prescribe, to the right of Corporations,
should be as general as the nature of the case may admit.
The right of political Corporation, is fully equal to, and fully
as extensive, in the abstract, as the right of contract ; but in the
concrete and in practice, the right can only be acknowledged in
proportion as human society becomes convinced, that the allow
ance of the right will not injure it. The question is not merely
whether some Corporations may not attain too much influence in
the government ; but the question is, whether some other Corpo
rations may not also be raised, more than sufficient to counteract
the dangerous ones; and whether freedom of Corporation, like
all other freedom of contract, and freedom of internal commerce,
and we may even say, like all other legitimate freedom, promotes
the general good, far more than any opposite course could.
Corporation being voluntary, is an expression of personal
conviction, and thus is TESTIMONY. As such, it relieves the
mind's passion for the expression and maintenance of earnest
convictions. And thus, passions and opinions, which for want
of sufficient expression, would drive Individuals, Precincts or
Nations, into debates, quarrels and wars, will steam out, boil
over, and then settle down into quiet permanent Corporations.
ARGUMENT. RIGHTS, NATURALNESS. . 333
Just as passions in the Individual settle down, but become all
the more efficient, when they become principles ; so the passions
in society settle down, when they become permanent organiza
tions.
The human intellect and heart, therefore, unite in the power
ful conviction, that the right of Corporation ought to be free.
In fact, the very claim to se{f-government, is a mere misnomer,
a delusion, a disguise for tyranny, until this God-given right is?
acknowledged and admitted, in all its divine freedom and force.
CHAP. III. RIGHTS OF NATURALNESS.
Political Corporations are really more natural than business-
partnerships. For, when persons enter into any business to
gether, it is obviously more natural, to suppose a division of
labor, so that some engage themselves in one thing, and some in
another ; also more natural to suppose that some are managers,
and some not, than to make the contrary supposition. The
partnership law, that all the partners are liable for all things,
and have right to do all things, is a merely arbitrary enactment
of "law/ 7 which, no doubt, was one among the many means,
whereby the old Land-aristocrats used to take advantage of the
industrial and commercial classes.
No act or form should ever be construed as meaning more
than it fairly expresses, unless when in each case, a special ac
knowledgment has been made, that such act or form shall have
such extended meaning. According to this, all usual or simple
partnerships would be limited, and all general partnerships
would have to be expressed and published as such. The duty
involved by the act of endorsing promissory notes, might at first
sight, appear to be an exception to the above rule. But it is not ;
because, endorsement means, from the first, that the last holder
received the paper from the previous holder, and therefore has
recourse to him, if it be not "good." What "the law" arbitra
rily does, is, to limit this recourse. ' Endorsements " ab extra,"
merely for the sake of guaranteeing, are done for that very
purpose impliedly ; and we are speaking of meanings, all along
here.
Accordingly therefore, even birth and citizenship in any coun
try, without a voluntary acceptance, and the means thereof, should
334 BK - IV - CORPORATION. I. II. V.
not be construed to involve any more extension of duties or
rights, than what are absolutely necessary to right government.
In all other matters, freedom of choice should be allowed. Ac
cordingly, the free right of Corporation is a legitimate conclu
sion. We are speaking of natural right ; and grant, that there
are special exceptions; but for these exceptions, all the onus (or
burden) of proof, lies upon those who maintain them.
CHAP. IV. EIGHTS OF INDIVIDUAL SELECTION.
Probably the strongest isolated argument for political govern
ment by Corporations, is, that it aifords by far the best method,
to allow of governments being freely chosen and selected by
their citizens individually. Unless there is acceptance of gov
ernment by each Individual, spontaneously ; in other words,
unless some important elements of unanimity, enter into the
acceptance, and into the organization itself, there must be con
siderable self-delusion or sophism, involved in the term SELF-
government.
Both Spencer and Ruskin, feeling the injustice of the present
organizations of society, in this matter, have suggested that there
must be some methods adopted for Individuals to ignore or avoid
the state. And the method of government by Corporations, seems
to be the simplest and easiest, whereby to meet this difficulty.
Instead of liberty to ignore the state, we propose, liberty to change
membership of one's official Corporation.
CHAP. V. RIGHTS OF CONSCIENCE.
Freedom of conscience demands the freedom of Corporation.
There cannot be permanent peace in the world, and we had
almost said there ought not to be; until the claim of human
beings to tyrannize over each other, has become utterly refuted;
and the right established, of men to form themselves freely, ac
cording to their own consciences and judgments, into their own
political, civil, and municipal organizations. And this can only
come to pass, when the right of Corporations is generally ad
mitted, and its practicability and expediency, generally known
and acted upon by governments.
The modern conscience in regard to war, demands the freedom
of Corporation. The practice and duty of an ordinary govern-
ARGUMENT. RIGHTS, CONSCIENCE. 335
merit in time of war, is one of peculiar trial, in regard to the
treatment of persons who refuse to co-operate in the war. Con
scientious objections are easy to urge, in order to escape Indi
vidual-duty. Those persons whose declamations had produced
the war, those who want to profit by it, and even those who
would fight or work on the other side, if they had a convenient
opportunity, all, find it easy to urge conscientious scruples.
But Peace-Corporations, duly established, present a fair and just
means of avoiding the difficulty ; and if the country were in
vaded, would be respected even by the enemy, under the press
ure of the sanctions of Christianity, and of International Law.
And the knowledge that the enemy would respect the Peace-
Corporatio^s as neutrals, takes away the strongest inducement
of the home-government for impressing their Individual-mem
bers into "the service," or of devastating their territory.
Multitudes of our best citizens believe, that government can
not succeed without supporting and teaching religion, and are
endeavoring to engraft religion into "the Law"; but unless
they wish to force their own religions on other people, there
only remains, besides separation into Precincts, the resource, of
government by voluntary Corporations.
It is only by our system, either of Precincts or of Corpora
tions, that Individuals or societies can easily and legitimately be
released, from suffering taxation for works which they utterly
reprobate ; only thus can the peace-men escape war-taxes ; or
the members of one religious education, escape the expenses of
others ; or those who support their own sick or poor, from the
expense of supporting the others, &c.
But release from the taxation on foreign imports, could not
easily be allowed to Corporations of persons scattered as to
locality, except for the articles imported for their corporate use,
or at any rate, for such as the Corporation itself should take out
of the Custom's Bonded Warehouse, or out of their bonded cars
or vessels, and should divide to its own members for their use;
or such as they divided to others in charity. And perfect relief
from .the foreign part of the tax, could only be accomplished by
the Precinct itself, whose complete knowledge of all the doings
of its members, and whose established reputation, would or
might make its release from foreign tax, both safe and judicious.
336 BK - IV - CORPORATION. I. III. I.
But this is a very transcendental application, neither probable,
practicable, nor judicious, for a long time yet to come: although,
the United States government has tried the plan of rail-road-
cars under custom house locks ; but neither human nature, nor
political nature, seems to us, good enough yet, for such methods
to be allowed in common use.
SUB-DIVISION III.
ADVANTAGES OF GOVERNMENTAL CORPORA
TIONS.
CHAP. I. ADVANTAGES COMMON TO PRECINCT AND CORPO
RATION.
1. In General
When considering the Precinct, we found that much of what
it involved and demanded, could be explained and obtained by
means of Corporation. So now, having come to the latter, we
find also that much of what it involves and demands, can be
explained and obtained by means of the former. The special
arguments for the Precinct were, in nature, of two kinds. One
kind, related to locality, and depended on that ; the other kind,
related to the principles of things, abstract entirely from locality.
These latter kind of arguments are they, which are equally as
applicable to Corporation as to Precinct.
2. Recapitulation from the Precinct.
Let us now recapitulate from the Precinct, in their order, the
chief arguments thus applicable to both elements. Demanded
by the history of our own country, to ameliorate the ever in
creasing evils of largeness of population : Allow all necessary
adaptations : Derive light and regulation from international
law : Admit of Amalgams with other Corporations : Resemble
the system of the United States, inasmuch as the Army, the
Navy, the Arsenals, the Navy Yards, the Revenue offices, the
Post offices, are virtually national Corporations : Encourage
Arbitration, both inward and outward of the Corporation : Re
quire temporary Restrictions during the transitional period of
their introduction : Separate the special politics and parties, from
ARQ. ADVANTAGES COMMON TO PRECINCT AND CORP. 337
the national ones: TKey are elements of the Tribe-principle,
and are needed by the theory of the Essential Elements : The
natural right of Individuals to form them, is such, that the
burden of proof lies upon the persons who would deny it : They
make Social Circles practicable : Produce some of the effects
of differences of geographical location : Produce in the world,
whatever there is, of progress, in industry, in public works, in
chivalry, in religion, in humanity and in cosmopolitan associa
tion : The variety in God's creation ; parts crossing and inter
twining within parts : The progress from homogeneity to hetero
geneity : The development of new and special. organs for every
function : New concentrations of, and diffusions of, power : So
ciological .experiments : Ready changes of membership, from one
to another : The objects and uses of Law : The release from legal
force, by cultivating the powers of SELF-government in the In
dividual : The Preparation in the Family : Moral homogeneity
in associations : The spontaneous social punishments : The mul
titude and minuteness of governmental affairs : Government by
the parties directly interested : Uses of competition : Political
objects and uses : Making personal acquaintanceship and direct
voting, possible : Preventing corruption : Preventing specialties
of law by the superior governments: Promote human happi
ness: Tend to release people from the local sufferings whose
causes they have protested against : Cultivate freedom of thought :
Secure Individual liberty : Aljow a degree of ignoring of the
state : Harmonize with human nature, like seeking like ; and
thus resemble the law of Heaven : Are demanded by, and in
turn promote, Morality and Religion : Make personal supervi
sion and visitations, practicable and complete : Foster religious
education according to the rights of conscience : Make Ruskin's
and others 7 ideals practicable : Take the sting out of persecu
tion : Introduce the advantages of the Tribe and its relations :
Promote " stirpi-culture" and the introduction of improved
breeds of human beings : Solve the political and legal difficul
ties about divorce : Are the complements of each other : Cor
porations mitigate the absoluteness of Precinct separation or
segregation, and its consequent narrow-mindedness : They have
no opening for the idea of secession ; Yet mitigate the abso
lutism of national power : Make reactions more visible, but less
338 BK - IV - CORPORATION. I. III. I.
severe : Open the way for cosmopolitan Unions : Have precedent
in the Tribe of Levi ; And in the various local charters from
superior powers : And supply the special needs of large cities.
3. Power to Resist the oppressive and centralizing tendencies of
Modern Society.
There is a tendency in all Local governments, to suppress in
dividuality, and to oppress the Individual. Mill describes this
tendency as follows : (In Pol. Econ. V. xi. 3, he says) : "A
general objection to government-agency is, that every increase
of the functions devolving on the government, is an increase of
its power, both in the form of authority, and still more, in the
indirect form of influence. * * * Experience proves that the
depositaries of power, who are mere delegates of the people, that
is, of a majority, are quite as ready (when they think they can
count on popular support), as any organs of oligarchy, to assume
arbitrary power, and encroach unduly on the liberty of private
life. The public collectively is abundantly ready to impose, not
only its generally narrow views of its interests, but its abstract
opinions, and even its tastes, as laws binding upon Individuals.
And the present civilization tends so strongly to make the power
of persons acting in masses, the only substantial power in society;
that there never was more necessity for surrounding Individual-
independence of thought, speech and conduct, with the most
powerful defences; in order to maintain that originality of mind,
and individuality of character, which are the only sources of any
real progress, and of most of the qualities which make the human
race much superior to any herd of animals. * * * Where public
opinion is sovereign, an Individual who is oppressed by the sov
ereign, does not, as in most other states of things, find a lival
power, to which he can appeal for relief; or at all events, for
sympathy." Hence we say, comes the necessity to allow those
persons who sympathize, to segregate themselves freely.
To the position of Mill, expressed above, and more formally
asserted, "On Liberty": namely: "The tendency of all the
changes taking place in the world, is to strengthen society, and
to diminish the power of the Individual," Mulforcl, p. 273,
replies : " It is presented with no historical evidence." (Mul-
ford has a favorite way of dismissing obstinate objections, by
charging them with being u abstractions" : pages v. bis, and vi.,
ARGr. ADVANTAGES, PECULIAR TO CORPORATIONS. 339
and 2, 11, bis, 19, 24, etc.; and yet his is the most abstract work
on Social Science, perhaps, since Comte's). Mulford asserts
'* the age of the higher national development of England, was the
age also of Shakespeare, of Raleigh, of Bacon, of Milton"; just
as if England's great period of Nationality, namely, the reign of
Henry VIII., had not passed away a half a century or more,
before these worthies appeared. But after all, it is of little con
sequence, whether centralization and high nationality, does or
does not produce a FEW greatest men. Mill's argument refers,
not to effects on isolated Individuals, but to effects on the gen
erality. The two cases are entirely different; and it may be
true to some extent, in state, as it is in church, that the periods
of highest churchism, are those which develop the very best
persons individually; but yet in such few numbers, that the
other condition of things is happiest for the generality, in the
common course. Judaism produced the prophets, and finally,
during its most perverted formalism, developed the Messiah,
(humanly speaking). And some of the saints of the Roman
Catholic Church, of the middle and later ages, are perhaps not
surpassed by any since the closing of the canon. But thence
forth, of what value in comparison, is an occasional Horace or
Virgil, a Shakespeare or Dante, to the general happiness, or the
general freedom, of a whole people ? Mr. Mulford says, " The
country may be called the more free, which has roads open
through it; but it is not the more free, when one person is
always required to take a road through the valley, and one,
always to ride on the hills." But we reply, that the same per
son, when he has a carriage or is on foot, ought to pass a dif
ferent road, from what he should when he has a dung wagon,
still (it seems to us), the freedom is impaired, if dung wagons are
allowed always to travel along the roads where other vehicles,
and foot passengers, are going. But the freedom of these cen-
tralizers, is, one road for all, namely, the NATIONAL Passenger
Railroad, with ONLY ONE TRACK.
CHAP. II. ADVANTAGES PECULIAR TO CORPORATION.
1. Analogies in Biology.
Physiology seems to show, that there are floating through all
living creatures, both vegetable and animal, certain germs of life,
340 BK - IV. CORPORATION. T. III. II.
which have the power of reproducing particles like themselves.
And, by the freedom of these particles to unite with others, of a
like or homogeneous kind, all growth and reproduction are ac
complished. All depends upon the perfect freedom of the par
ticles, as they float along in the blood, to unite together easily,
according to their own attractions. Just so, every Individual-
human being may be regarded, according to our type-theory, as
a particle flowing along with the general current; but there can
be no growth, and no progress, unless there is freedom for these
particles to unite together, drop out of the current, and form
new organisms. And this means freedom of Corporation.
Corporations are the only political bodies of society, which
have the power of generation by " gamogenesis," instead of by
" agamogenesis." (For the physical doctrines and illustrations,
see Spencer's Biology, 2 ; 6 : 4, 5, 6, &c.) This method is in
definitely less at variance with growth, than the other method.
It is also the method whereby all the higher plants and animals
generate. To illustrate this : when a local division tal^es place,
whether of Precinct or of Nation, the sum of the two parts, in
each cas3, is only equal to what the whole was, previous to the
division. But it is not so in Corporations. A subdivision will
make both more efficient, because it introduces division of labor,
and more specialty of organ for function. And these are im
provements without any counteractive evils, scientifically speak
ing. Furthermore, the division of Corporations, makes both
parts more desirable to the members of other Corporations, some
to one part of the division, and some to the other ; and this
makes both parts draw members from other Corporations. But
this is only competition, and therefore only a temporary and
transitional good. The former mentioned, is the eternal good.
And Individuals can be members of more than one Corporation ;
just as children have more than one parent, and parents more
than one child ; reciprooally.
2. Prevention of War.
One great an 1 peculiar advantage possessed by Corporations,
is, that whereas, reyolutions and divisions in Local governments
are usually accomplished only through war and blood, revo
lutions and divisions in Corporations, are accomplished quite
peaceably, and even charitably. The chief reason for this dif-
ARG. ADVANTAGES, PECULIAR TO CORPORATIONS. 34!
ference, seems to be, that the human propensity to tyrannize,
manifests its true nature so much more baldly and nakedly, in
Corporations, than in Localities, that it is at once suppressed as a
preposterous "vice of blood," instead of being nurtured and wor
shiped as a divine patriotism, or as an Egyptian Cat, or as some
other fetish: or as Carlyle might say, " Jewish old clothes."
The Philadelphia "Ledger," Feb'y 8, 1871, in an article on
"Friends' Principles," says, "We accord all honor to the 'sin
gular' men who devote 'themselves to presenting, in plain terms,
plain truths against ingenious sophistry. They are ' advanced
pickets/ ' skirmishers' in the struggle for peace : and the main
body of the great and peaceful army of thinking men, is fast
closing up. So far as the claims of men as men, whether Galled
citizens or subjects, are recognized, just so far the hope of the
cessation of war is encouraged." We have already presented a
similar thought, under the head of Right of Corporation.
3. Inconceivable for Secession.
Another great and peculiar advantage belonging to Corpora
tion, compared with Precinct, is, that, Corporation not being co
extensive with Locality, the secession of Localities is not only
impracticable or impossible, as shown under PRECINCT; but also,
is really and utterly inconceivable; under a system of Corpora
tions, or as an effect or consequent therefrom ; and this Ele
ment, therefore, is one of the most efficient means of insuring
against said secession.
4. Self -Counter actions. Inherent in all Voluntary Combina
tions.
Every class, when left to itself, has its own counteractions
within itself; knows what evidences of fact and of veracity to
require, and what oscillations to provide for; knows its own
temptations, its own protections, and its own moral supports.
It is only when the cry is raised of class against class, that all
the natural self-regulating powers, are overwhelmed and swept
away, by the rush of angry class-animosities. And yet it is
equally certain, from the Zo-ological nature of human society,
also according to our theory of types, that the interests of each
of these classes would evolve suitable forms, each for themselves,
under a proper general government, if they were only allowed
freely to do so.
342 BK - IV. CORPORATION. I. III. II.
5. Necessary Harmony of all the Parts of Society.
What Schleiermacher said, and is quoted by Neander, that all
the denominations of Christians are necessary, to exhibit the
perfect development of Christ and the church, may be applied
equally well to the different Corporations, which, under the free
dom of Corporation, would arise among the politicians, and in
the state. And all are necessary to exhibit the full and com
plete development of humanity, and society, and of humanity IN
society. Freedom of civil and political Corporations, is equally
as right, as necessary, and as practicable, as, of church Corpora
tions.
The church analogy exhibits all the various classes of society
as intermingling, sometimes in the same Corporation ; and gen
erally in the same one locality, even when the different churches
themselves organize according to classes or Social Circles. In
this analogy, so long as it shall hold good, we have proof of the
success of Corporations during an intermingling era. Hence,
if our argument for the gradual passing away of the intermin
gling era, as presented under Precinct, in II. X. 1, should be
entirely rejected, then our Corporations come in with addi
tional strength of argument, as capable of most of the political
advantages of Precincts, yet without interfering with the friendly
intermingling.
6. Culture of the Individual.
Mr. Mill points out certain needs of human nature, increasing
amid the tendencies of modern civilization, which, we think
no other means of satisfying can be discovered, so efficient, as
recognizing the freedom of Corporation.
Mr. Mill, (Pol. Econ. p. 573), says : " Experience proves the
extreme difficulty, of permanently keeping up a sufficiently high
standard of those qualities, (the diffusion of intelligence, activity
and public spirit, among the governed), a difficulty which in
creases, as the advance of civilization and security, removes, one
after another, of the hardships, embarrassments and dangers,
against which individuals had formerly no resource but in their
own strength, skill and courage. It is therefore of supreme
importance, that all classes of the community, down to the
lowest, should have much to do for themselves ; that as great a
demand should be made upon their intelligence and virtue, as it
ARG. ADVANTAGES, PECULIAR TO CORPORATIONS. 343
is in any respect equal to ; that the government should not only
leave, as far as possible, to their own faculties, the conduct of
whatever concerns themselves alone, but should suffer them, or
rather encourage them, to manage as many as possible of their
joint concerns, by voluntary co-operation ; since this discussion
and management of collective interests, is the great school of
that public spirit, and the great source of that intelligence of
public affairs, which are always regarded as the distinctive char
acter, of the public of free countries."
Here it seems plain to us, that there are certain needs in
human nature, which are increasing so much in modern civiliza
tion, that no other means to supply them can be discovered, so
efficient as, on the one hand, the Precinct-system that we have
proposed, and on the other hand, the system of free Corporations
that we are now advocating, and chiefly the latter, because it is
susceptible of such indefinite extension. Thus we see, that civ
ilization is producing new functions ; but has already indicated,
and begun to put forth, the organs that are necessary to perform
them.
7. The "De-facto" argument.
In other parts of this work, we endeavor to show, that what
ever is a fixed fact in society, ought to be recognized as such, in
the laws, and by the government; and that whatever govern
ment acts contrary to this principle, only stultifies itself, as an
organism, and produces misery to Individuals. Hence, all the
instances that we offer, of the existence of virtual Corporations,
good, bad, and indifferent, combine under this principle of
government, to prove the right and necessity of their freedom
and legal recognition.
All the foreigners of any one Nation are, virtually, Corpora
tions of their own Nation, but dwelling in another. And just as
Asiatic Russia is a conglomerate of many Precincts, of essentially
different nationalities, so the United States is a conglomerate
of many virtual Corporations, of essentially different nationali
ties. These Corporations, to be sure, are not recognized in law,
otherwise than by publishing legal documents in their different
languages ; still the distinctions exist, and are even stronger be
tween clans speaking the same English language, than between
those speaking different ones. And it must be admitted, with
314 BK - IV - CORPORATION. I. III. II.
shame to ourselves, that those settlements of foreigners which
have been most compact and self-secluded, have preserved their
morality best; whatever might be said about their lack of
progress.
Civil governments are actually conducted and swayed, by
secret leagues and cliques, which are Corporations in fact ; and
\Ahich transmit their authority from age to age, except as dis
placed, from time to time, by the same kinds of cliques of other
parties. There are leagues of persons engaged in "humbug
ging" the people in their recreations, or poisoning them, in their
amusements, with rum or vice. There is also a tyrannical sort
of gentlemen, who even incorporate themselves into rings and
clubs, as the actual but secret rulers of the community. Much
worse than these also, are the permanent cliques of professional
criminals, which are known to embrace various distinct classes:
as for instance, cliques of counterfeiters; in which, will be man
ufacturers, wholesale purchasers, retail purchasers, transitory
venders : and there are cliques of burglary ; professional oper
ators of many grades, transient operators, receivers of stolen
goods, of all grades, from large financial securities, down to old
iron. All these organizations are of the nature of Corporations.
Since then, criminals incorporate themselves to break the laws,
and since all the rogues and outlaws, gamblers, and parasites in
society, everywhere, make leagues, either formal or actual, foV
mutual offence and defence, and for bribing legislators, judges
and police executive officers; why should not plain citizens in
corporate themselves in their own way, to protect themselves,
and to choose government and rulers and laws for themselves,
and defend themselves from these barbarians, who make it their
business to war upon society, rob industry, and strike down
peace and order ? and all this, oftentimes, by the connivance of
the same wretched gentlemen, who are the loudest in crying
"stop thief"; and who befool the people with the longest and
tangledest laws, they can quibble up together.
Thus, Corporations are getting to have the actual power ; and
it would be better to make them legal, else the bad have the ad
vantage of them, rather than the good ; and the worse the asso
ciations are, the more defiant their power becomes. Because, so
long as the freedom and right of Corporations, are crippled by
ARG. ADVANTAGES, PECULIAR TO CORPORATIONS. 345
law ; so long the fearful fact will continue, that the lower down
in the moral scale, and the more thoroughly contrary to law,
each such association is, the more thoroughly compact and effi
cient its o< rporate character will be. In other words, so long as
law limits the natural and moral right of Corporation, the worse
a Corporation is, the more proportional power it will have.
8. Classes most Needing Separate Political Corporations.
Persons who are diverse in their sentiments on important or
agitating subjects, cannot understand each other; nor can the
peculiar results of each party's system, be exhibited, whilst the
persons are continually, either checking each other, or annoying
each other. Nor can a government for daily life, adopt forms
of police and courts and trials and evidence and watching, that
can apply, either rightly or effectively, to all these different
kinds of people. What to some is galling tyranny, to others is
the blessing of self-control ; to others, the blessing of civiliza
tion ; and to others, the blessing of religion : the oaths that
some regard, others despise ; and the honor that holds some true
to humanity, is to others, a nice "chance" for dishonesty, selfish
ness, or deceit.
Where a government is elected by the people, any classes of
persons who are too distant, in customs, politics, or religion, to
receive, read, and enjoy, a proper government-press, giving a
fair representation to all sides, and to all views, are too dis
tant morally, to reside in the same Precinct, or to assemble
peacefully and orderly at the same polls. The only other alter
native would be, the introduction of this system of Corpora
tions, and its development to its widest capabilities, and highest
functions ; so that no persons could vote for any councils, or on
any matters, affecting the other party, or the other religion;
except those who could be trusted by their political or spiritual
advisers, to read and hear all sides fairly expressed : and on the
other hand, those persons who did thus read in common and
freely, should not have the control over those who were con
scientiously opposed to or afraid of, thus reading ; so far at least,
as ingenuity and fairness can contrive plans of avoiding such
objectionable control, without vitiating the direct operations of
government.
The following are some of the portions of society, who are,
346 BK - IV - CORPORATION. I. III. II.
or think they are, in most immediate need of the privilege
of organizing themselves into plenary political Corporations,
especially in the cities and more dense settlements : Calvinists,
Roman Catholics, Methodists, Quakers and other Interiorists,
Peace-parties, Spiritualists, Unitarians, Rational religionists. In
fidels, Chinese, and perhaps Africans generally. Also, may be
added Women in general, if they are to exercise political func
tions at all ; but, do not put respectable women into Precincts
for females alone. Others needing the separation, are, Disgraced
young people born without wedlock ; penitent women ; reformed
criminals, and convicts released from punishment; and in gen
eral, all who are particularly good, particularly bad, particularly
bigoted, particularly liberal, or otherwise particularly singular.
9. Comparison with Individuals, as -Officials.
We return now to a different train of thought, namely, to Cor
porations as organs of society, as the exercisers of derived, or
bestowed, political functions. Corporations possess many advan
tages peculiar to themselves, over Individuals, as organs of so
ciety. Even in the simplest form of small partnerships, many
of these advantages become very apparent. First then ; Cor
porations are the new organs for the new functions of modern
society. Thus the old age of society becomes, like its infancy,
the restoration of the fullness in unity, of the Tribe. Second ;
Their officers are free from the over-strong ties of personal in
terest, which naturally arise against large payments, or onerous
duties, especially if unexpected. Third ; We have the argu
ment, that history gives us instances, wherein strictly govern
mental functions have been entrusted to Corporations. Fourth ;
As all such organizations originate in a free and voluntary action
of their corporators, they select themselves really, from a judg
ment of their own fitness. Fifth ; And then again, the officers
of such organizations are selected by the corporators, with the
judgment of persons well able to know about them. Sixth ;
In this judgment, the corporators necessarily back up and
guarantee their judgment, not only by their reputation, but also
by the amount of their capitals, or, respective interests invested ;
and thus make their responsibility perpetual. This is a respon
sibility seldom imposed upon, and seldom possible in the case
of, Individual-officials, and would be reasonably exacted from
ARGUMENT. PRACTICABILITY. IN GENERAL. 347
Corporations, but not from Individuals. A sufficient applica
tion of this rule, would put political Corporations upon their
very best efforts to regulate themselves harmoniously, which is
far more than can be said of Individual-politicians. Seventh ;
They are not so liable to be interrupted by death. Eighth; They
tend to prevent villany; because no collusions for evil, between
different persons, can be so unrestricted, nor so safe from detec
tion, as the secret thought in one man's soul. Although such is
their natural tendency, and what might be secured in them, by
proper sociological skill ; yet, in fact, they often do worse things
than an Individual would do. This is partly because their
officers are allowed to shield themselves under the plea of official
duty. But this very feature might be so made use of, that many
of the repulsive works of society might be accomplished by those
means, much better, than by the direct action of civil or political
rulers.
SUB-DIVISION IV.
PKACTICABILITY OF GOVERNMENTAL CORPO
RATIONS.
CHAP. I. IN GENERAL.
To discuss the practicability of Corporations perfectly, .the
subject would divide itself into two -parts ; one, the method of
their action, and the means whereby they manifest their practi
cability ; the other, a series of abstract arguments and analogies,
to show this practicability. As to the methods and means of
action ; they will be treated among the objects in view, and will
be again treated in the Third Main Division and its sub-divisions.
Nothing need be said of them just now, except this call of atten
tion. As to the abstract arguments ; many of them are involved
in what has already been said ; namely, in the facts of history ;
in the opinions of the great writers on Social Science ; in the
doctrines of the right and the expediency ; in the analogies of
Biology; in the instinctive organizations of Mankind, even the
illegitimate ones ; and in the classes of men ready and waiting.
348 BK - IV - CORPORATION. I. IV. II.
And above all other arguments or reasons, we have faith that
what is RIGHT, is certainly PRACTICABLE, if we are only willing
for it. We now turn to and touch upon, the abstract argu
ments, and the analogies, showing practicability.
CHAP. II. ABSTRACT ARGUMENTS.
1. Ill Success of Local Governments in Other Businesses.
Scarcely anything is more certainly agreed upon in Social Sci
ence, than the proposition, that whatever business, commercial,
literary or social, that men do or can do, with any tolerable suc
cess voluntarily ; they can and will do much better thus volun
tarily, than government itself can do, or than they themselves
would do, by any legal or any other coercion whatever. Now,
all that our theory of Corporation proposes to do, is, to accept
this well established principle, and to apply it to the business of
government itself. We say, true, men can conduct any busi
ness voluntarily, far better than government can, and therefore
they can thus carry on the business or function of government
itself, by spontaneous organizations within the Nation, and within
the Precinct. Thus Mr. Mill, (Political Economy, Book 5, ch.
xi. 5) says, " In all the more advanced communities, the great
majority of things are done worse by the intervention of gov
ernment, than the Individuals most interested in the matter,
would do them, or cause them to be done, if left to themselves.
The grounds of this truth are expressed with tolerable exactness
in the popular dictum, that people understand their own busi
ness and their own interests, better than the government does,
or can be expected to do. This maxim holds true throughout
the greatest part of the business of life; and Vherever it is true,
we ought to condemn every kind of government intervention,
that conflicts with it. The inferiority of government agency,
for example, in any one of the common operations of industry,
or commerce, is proved by the fact, that it is hardly ever able to
maintain itself, in equal competition with Individual-agency;
where the Individuals possess the requisite degree of industrial
enterprise, and can command the necessary assemblage of means.
All the facilities which a government enjoys, of access to in
formation, all the means it possesses of remunerating and there
fore of commanding, the best available talent in the market,
ARGUMENT. PRACTICABILITY. ABSTRACT. 349
are not an equivalent for the one great disadvantage of an in
ferior interest in the result."
" It must be remembered, besides, that even if a government
were superior in intelligence and knowledge, to any single Indi
vidual in the Nation, it must be inferior to all the Individuals
of the Nation, taken together. It can neither possess in itself,
nor enlist in its service, more than a portion of the acquirements
and capacities which the country contains, applicable to any
given purpose. There must be many persons equally qualified
for the work, with those whom the government employs, even
if it selects its instruments with no reference to any considera
tion but their fitness. Now these are the very persons, into
whose hands, in the cases of most common occurrence, a system
of Individual-agency naturally tends to throw the work, because
they are capable of doing it better, or on cheaper terms, than any
other persons. So far as this is the case, it is evident, that gov
ernment, by excluding or even by superseding Individual-agency,
either substitutes a less qualified instrumentality, for one better
qualified ; or at any rate, substitutes its own mode of accom
plishing the work, for all the variety of modes which would be
tried by a number of equally qualified persons, aiming at the
same end ; a competition by many degrees more propitious to
the progress of improvement, than any uniformity of system."
2. Intermingling ', Not Confusion.
The difficulties and confusions that might, at first sight, be
supposed to be insuperable on account of the intermingling in
one Locality, of persons belonging to different municipal and
political Corporations, could readily be counteracted; in some
things, by artificial regulations, and in other things, by the natu
ral differences that would arise in the course of time. Nothing
that man makes, can be perfect at the start. The functions of
time must. not be forgotten. The same ingenuity, and homo
geneity of humanity, that devise Inter-National and Inter-
Precinct law, would also devise Inter-Corporation Law.
Perhaps even the residents of adjoining Precincts, should
wear different dresses. At any rate, such a custom should be
required of all Individuals who were members of different
governmental Corporations for general civil purposes, whilst
residing in the same districts. Varieties of dress, as here pro-
350 BK - IV - COKPOBATION. I. IV. II.
posed, together with such varieties of' manners, habits, &c., as
would, in time, probably arise and be visible, both as cause and as
effect of connection with such Corporations, would make differ
ences which would be almost as plain to the casual observer, as
differences of sex or race ; or at least, as are easily perceived be
tween the countryman and the citizen, or between the out-door
and in-door workers, &c. And the degree in which the differ
ences could be made plain, would facilitate the duties of the
civil government towards each. Instances of the arising of such
differences, may be remembered, as characteristic of the Puri
tans, the early Methodists, and of the Quakers even at the
present day. Spencer has also shown how naturally the polit
ical differences of men, express themselves in their differences of
clothing, gait, and other apparently trivial signs.
3. Buskin's Specimen of Methods.
Mr. Ruskin has a beautiful and practicable picture, of a
method of trade Corporations, for preventing cheating in the
manufacture or sale of "sham" goods. He says (pp. 87-8);
" The chief difficulty in the matter would be, to fix your
standard. This would have to be done by the guild of every
trade, in its own manner, and within certain easily recognizable
limits. * * * Advisable improvements of varieties in manufac
ture, would have to be examined and accepted by the trade
guild ; when so accepted they would be announced in public
reports ; and all puffery and self-proclamation, on the part of
tradesmen, absolutely forbidden, as much as making any other
kind of noise or disturbance." [We hope the " disturbances" to
be stopped, include advertisements in Directories and other such
inappropriate places.] " But observe, this law is only to have
force over tradesmen whom I suppose to have joined VOLUNTA
RILY, in carrying out a better system of commerce. Outside of
their guild, they would have to leave the rogue to puff and
cheat as he chose, and the public to be gulled as they chose. All
that is necessary is, that the said public should clearly know the
shops in which they could get warranted articles ; and as clearly,
those in which they bought at their own risk." But now, this
writer must say, that as yet, unless each such guild had power
by law, to punish those of its own members who transgressed
and cheated, whilst they were sailing under the flag of the guild;
ARGUMENT. PRACTICABILITY. EXISTING INSTITUTIONS. 351
then the use of the guild would soon be destroyed by the rush of
hypocrites into it ; and the better its reputation was, before the
rogues got into it, the more they could profit by it, until discov
ered and exposed. And to give the guilds such power, is just
what we are asking to be given to one class of Corporations.
Mr. Ruskin advocates the punishment to be " confiscation of
goods," and this admits the principle we are arguing for ; but
not at all to the extent that we suppose to be necessary.
CHAP. III. ANALOGOUS COMPLEXITIES SUCCESSFUL.
1. Analogy with Philadelphia.
If it be thought that any one of our (or indeed, any other)
systems of Corporations, would be too complicated for practical
purposes, we would answer ; they need not be any more compli
cated in structure, than our own present government, or than the
British. Take for instance, our own city Philadelphia, in the
year 1872. It is, somehow, made to consist of an almost un-
classifiable multiplicity of Voting Precincts, City Wards, Dis
tricts for State Legislature, and for State Senate, for Fires, and
for Police, and for Congress of the United States. We vote for
our State Governor every three years, and for President every
four years. And, in general, the divisions cross each other in a
variety of ways, so complicated as to baffle the book learning of
foreigners, while in practice they are perfectly familiar to our-
w selves. We have a series of items, not often multiples of each
other in figures, and still less frequently so, in localities ; neither
are they related to each other as genera and species, nor even as
opponents.
Here then, we have a city divided into 28 Wards, with 28
Select, and 58 Common Council-men, 7 Fire Districts, 18 Dis
tricts for State Assembly, 4 Districts for State Senate, 5 for
United States Representatives, one of which stretches into
another county ! The city municipal administration is divided
into " Departments," " Committees," and " Trusts" ; of; Police;
Treasury ; Control ; Tax ; Law ; Market ; Survey ; Registry ;
Highway ; Water ; Gas ; School ; Health ; Girard ; Poor ;
Prison ; Refuge ; and Port. The Nation has on the same
ground, a Custom House, (The business in the Custom House
alone, is so complicated, and requires to be performed at so
352 BK - IV - CORPORATION. I. IV. III.
many successive " Desks/' that a considerable number of per
sons called custom-house brokers, find ample employment in
preparing the papers for sea captains and merchants, and in
" putting them through" the rounds) : a Naval Department ; a
Surveyor's-; an Appraiser's-; an Assistant Treasurer's-; an
Internal Revenue- ; and a Post-, Office ; also a Mint ; a Navy
Yard ; and an Arsenal. All national property and offices, are
exempt from city and state interference, a set of Corporations
in the Precinct, yet of Imperial authority. Besides all these
regularly instituted organizations ; we have an indefinite num
ber of spontaneous and voluntary Social Circles, Party Clubs
and Conventions, Temperance, Mechanics' and Beneficial, So
cieties, Trades-unions, Churches, Communities, Brotherhoods,
Militia, and Fire Companies; "Boards" or "Exchanges," of
Trade, of Brokers, of Coal, of Corn, of Real Estate, &c. All
these interlap each other in every conceivable direction.
And now, finally to settle disputes among all these, and the
members of them, we have, partly, the reserved power in the
agreements of several of the associations and boards ; also a
series of legal courts as follows; The County, (exactly the
same geographically as the city,) has, besides the "Row" of
officers, a body of Judges, who incorporate themselves into
three different forms of County courts, viz.: Common Pleas,
Orphans', and Criminal. Then, there are a State District
Court, a State Supreme Court, and a National Circuit Court, *
with right of appeal in certain cases to the National Supreme
Court at Washington. All this is complicated enough ; but we
know by experience, " it is nothing when you get used to it."
We also know how readily children learn the most complicated
languages, when they begin during infancy.
2. Analogy with the Roman Church.
But the completest illustration, of a united and harmonious
system of Corporations in great multiplicity, is found in the
Roman Catholic Church. Here is a system that is not learned
in infancy. Omitting those parts of it, which, while adhering
to Rome, yet adhere not to the Latin " rite," we may divide
its organizations purely ecclesiastical, abstract from the civil
organs, into FOUR different or main Divisions, all operating one
within another. We will mention thorn in an order, such, that
ARGUMENT. PRACTICABILITY. EXISTING INSTITUTIONS. 353
each subsequently named one, operates WITHIN AXL the pre
viously named ones, thus ; FIRST. The usual church-orders of
Priests, Bishops, Archbishops, &c. These have territorial loca
tions, one within another. SECOND. The Corporate Orders,
operating within the territories of the above ; yet exempt from
their jurisdiction, by express general authority from the supreme
head of their church, but yet dependent upon said territorial
officials for their spiritual offices or " faculties." THIRD. The
special delegates of the supreme authority; as Vicars, Legates,
and so on. FOURTH. Appellate authorities, namely, the Pope,
and General Councils. All these operating on each other re
spectively, in the order mentioned. And now, to this complica
tion, let us add a brief summary of the varieties of authorities
and operators, IN each of those four main divisions of their
authorities.
FIRST Main Division of Authorities. The varieties of the
usual orders of Local Officials, or Ordinaries, with their re
spective councils. First we have a regular gradation, Bishops,
Archbishops, Primates. Next we have two sorts of irregular
classes, namely, Metropolitans and Patriarchs.
SECOND Main Division of Authorities. The CORPORATE
Orders, operating within the territories of the above. These
are in three divisions, namely, the Orders of Military Monks,
the Religious Orders, and the " Congregation" Orders.
First Division of the Corporate Bodies : The Orders of Mil
itary Monks include the Knights of St. John, The Templars,
The Teutonic Knights, Orders of Alcantara, &c. But those
are not found in the United States.
Second Division of the Corporate Bodies: The Religious
Orders, are of four sub-divisions, namely : The Monks Proper ;
the Friars or Mendicants ; the Canons regular ; and the Priests
called regular Clerks. Of these four sub-divisions, the Monks
Proper are of two kinds, of which the Eastern may be omitted
here. The Western kind occasionally follow the Eastern rule,
namely, of St. Basil ; but most always the rule of St. Benedict.
This kind are sit6-divided by a great variety, as, Carthusians,
Cistercians, Celestines, Trappists, <fec., &c. The second sub
division, the Friars or Mendicants, are divided into Dominicans,
Franciscans, Carmelites, Augustinians, &c. The third sub-divi-
23
354 BK - IV. CORPORATION. I. IV. III.
sion, the Canons regular, are priests administering among the
people, but yet, associated under special rules and obligations
of strictness of life, for the promotion of their own especial
personal sanctity. They are of two kinds, differing as to the
degree of their abstraction from the world, and as to their re
semblance to monks in their private life. The fourth sub-divi
sion, consists of Priests called regular Clerks. They differ from
the regular Canons, in not following so strict a life, or at least
in not taking any such strict vows as the others. Some of these
are evidently adapted to secular operations, as for instance the
Jesuits ; others are followers of a purer and more spiritual inte
rior piety, than is often found in or out of the Roman Church,
as for instance, the Theatines.
The Third Division of the Corporate Orders, is " the Congre
gations." These are made a separate order from the " religious
orders," by some differences not well understood, but which
appear partly only nominal. The " Congregations" exist for
various purposes, Education, Asylum, and Missionary. And
these divisions for purposes, are again to be sub-divided accord
ing to the classes of persons to be influenced, as the poor, the
paying people, the rulers of society, the heathens, the unbe
lievers or heretics, and finally even the other orders of clergy
and of their own religion.
The THIRD Main Division of Authorities, are ; The special
delegates of the supreme authority, as Vicars, Legates, &c., &c.
Of these, some of the Vicars are regular, and located, but ex
traordinary in their powers. Other Vicars and the Legates are
irregular, and only appear on extraordinary occasions, represent
ing the Pope, investigating facts, hearing causes, and pronouncing
decisions, by direct and special authority from the Head. These
act in and on, both the foregoing main Divisions. Moreover, the
Legates and Xuncios act on and with the civil governments,
officially.
FOURTH Main Division of Authorities. The supreme gov
ernment of all this vast system of Corporations, consists of
three elements, namely ; First, The Pope ; Second, Three orders
of Cardinals, namely, Cardinal Bishops, Cardinal Priests, and
Cardinal Deacons; Third, The General Council. The Cardi
nals elect the Pope ; and the Pope selects the Cardinals. He
ARGUMENT. PRACTICABILITY. CONCLUDED. 355
also constitutes the General Council, and appoints its times and
circumstances; but not all its Individual-members directly,
although indirectly, as he appoints or confirms to the offices
which constitute membership in the Council.
All this, theoretically seems an inextricable tangle, to some
people. And when we remember ^fchat many of the foregoing
orders, are themselves highly organized bodies, with their " mother
houses" or head-centers, at Rome, we have an additional com
plication, apparently ; but the fact is, it is this very thoroughness
of the organizations, which prevents complexity in practice. All
these different orders, or at least many heterogeneously self-locat
ing ones, exist and operate in the same localities, with one another,
and with the "ordinary" clergy, without confusion. No royal
family, no constitution, no dynasty, no Nation in a continuous
local government, except the Jewish and Chinese, can compare,
either for its own durability, or for the certainty of its opera
tions, with this great world-wide governing Corporation. And
the only place where real and great practical uncertainty arises,
is, where organization is theoretically simplest, namely at the head,
as to which is the superior, the Pope, or the General Council.
CHAP. IV. CONCLUSION OF PRACTICABILITY.
The fact is that a system of Corporations for government,
would in all probability, be less complicated IN PRACTICE, than
our present civil system. But even if more complicated, it could
easily be taught and explained in the public schools, and else
where. Moreover, in the last resort we may say that, at any rate,
legal proceedings require learned counsel and experienced attor
neys, generally. It would be no real objection to the system of
Corporation, if ordinary Individuals had to consult " good ad
vice," in order to know even what Corporations they had better
connect themselves with ; just as they would consult a physician,
as to what medicine they should take. The main thing to be
attained in law, as in Medicine, in Mathematics or in other sci
ences, is, not simplicity, but certainty and uniformity in their
results, known to those who study them, and who are able to
understand them. We do not complain that we are compelled
to resort to Lawyers and Doctors and Clergymen, for advice ;
but we complain, that the expenses are great, the answers con
flicting, and the results uncertain.
356 BK - IV - CORPORATION. II. I. I.
MAIN DIVISION II.
GENERAL SURVEY OF ALL KINDS OF
CORPORATIONS, ACCORDING TO
THEIR SEVERAL NATURES.
SUB-DIVISION I.
RELATIONS TO THE OTHER ELEMENTS OF
SOCIAL SCIENCE.
CHAP. I. PREFACE.
Having in the preceding Main Division, treated of the argu
ments for the propriety, right, and expediency, of Governmental
Corporations; and before giving the scientific exhibition and
recital of them,, which are reserved for the Third Main Division ;
we proceed now to give, as a necessary preparation thereunto, a
general survey of ALL KINDS of Corporations, according to their
several Natures.
One reason for laboring hard on this subject of Corporation,
is, that the right of Corporation includes within it the right of
Precinct; because freedom of Politico-governmental Corpora
tion, actually becomes freedom of Precinct, to persons who de
sire to reside in special Precincts; so that, if the reader has not
been satisfied with the arguments for the Precinct, upon the
grounds which have been made under that head, he might still
be induced to lend assent to the right of Precinct, upon perhaps
not so deep foundations, but yet broader and more comprehen
sive ones.
.AYe lay great stress on governmental or political Corporations,
and feel the great dependence of human prosperity and progress,
on the proper understanding and practical application of them.
Such Corporations seem to give hopes of real and absolute
progress, instead of hopes always to be disappointed, and hith
erto reaching mostly after FORMS of government ; whereas, real
progress is more and more perceived to be, not dependent on
SURVEY. GENERAL. THE OTHER ELEMENTS. 357
forms. Corporation is not any ONE FORM, but a spirit, an eter
nal element, and an inherent power.
Corporation is the Seventh Element in our scale of the Ana
lytics, namely, Individual, Family, Social Circle, Precinct,
Nation, and Mankind ; and then as another genus, Corporation.
Hence, Corporations, as the SEVENTH fundamental or Analytical
element of human society, are a kind of sabbath of rest, both
to the fundamental Elements of Society, and also to the throes
of society itself, laboring to bring forth its ideals of happiness,
and to realize its divine origin, and its ultimate ideal.
In a Biological classification, Corporations would correspond
to brain and nerve in the Individual ; whereas the other Ele
ments of our Analytics would correspond to the less recondite
organs. Corporations fulfill functions towards general society,
and towards the state, similar to what the personal mental and
moral qualities or peculiarities of the Individual, which give
rise to their respective Corporations, fulfill IN the Individual.
Thus the delicate sensitiveness of Corporations, and the toler
ance given to them by the state, are true indications of the in
tellectual and moral character of society, and of the state at large ;
whether for better or for worse.
We have repeatedly hinted, in the Summary Introduction,
that our discovery of the Six Great Units of Society, originated
in and from three Distinct lines of thought. These three trains
of thought, when brought together and compared, helped to per
fect each other severally, and to corroborate the correctness of
them all, as thus perfected. And their thus perfecting each
other, and thus correcting one another's aberrations, led to the
discovery of the Tribe-principle, and to the classifying of Cor
poration as almost, but not quite, another such a Unit.
The order of thought was about as here given. First was
discovered the value of several of them as types, for argument
and induction. Second, the value of several of them as heads
for improved classification. And third, the value of several, as
the Great Units of which Society consists. But it was not
exactly the same several, whose value was thus discovered, in
each case. Towards the completion of the discovery, these three
severals looked about as in the annexed table, which represents
them in parallel columns.
358
BK. IV. CORPORATION. II. T. I.
The three trains of thought were about as follows.
As Types.
Individual
Family
Social Circle
Corporation
Precinct
As Classification.
Individual
Family
Social Circle
Corporation
Precinct
State
Nation
Mankind
As Units.
Individual
Family
Nation
Mankind
Classification.
Individual
Family
Social Circle
Precinct
Nation
Mankind
Corporation
Elements of Society.
("Individual
Family
Instinctive, ) 1 Social Circle
i.e. Units j | Precinct
| Nation
^ Mankind
Deliberative, }- <[ Corporation
The three lines of thought finally became identified as fol
lows.
Types.
Individual
Family
Social Circle
Precinct
Nation
Mankind
Corporation
The differences and aberrations were corrected about as fol
lows. The Classification only called for the elimination of
State, which was not on either side of it ; or rather, its identifi
cation with Precinct, which was already in two columns ; and
then it contained the full seven. The Types allowed of Man
kind being added from both the others, being as Mankind is the
ideal anti-type, towards which all those below it, point ; and as
it, in turn, is typical of other beings in other solar systems, and
also typical' of God and the Universe. And then, the Types
called for Nation as the highest earthly type of Mankind. Thus
the Type-line amounted to the full seven. All that then re
mained therefore, was to settle the Unit-Line. But as Corpora
tion could not be taken as a Unit ; both for lack of history for
it ; and for the reasons given in Bk. I. Pt. II. Chap. VI. 1 ;
also for the reasons, that Corporation cannot, without remain
der, be divided into all the Units above it, nor thus evenly be
divided by all the Units below it; therefore Social Circle and
Precinct .had to be taken, as the needed Units; and then Cor
poration had to be disposed of as a separate Grand Classifica
tion ; and therefore had to be placed last of all ; as is done in
SURVEY. ELEMENT OF TRIBE. 359
Bk. I. Pt. I. Chap. IX. 4 (6), and throughout our whole work.
But to justify this, the three had to be co-ordinated in the
Tribe-principle.
CHAP. II. CORPORATION AS AN ELEMENT OF TRIBE.
The Tribe-Principle originating and established, as above and
as elsewhere mentioned, involves, among other things, the per
petual recolleetion of the principle, that Corporation, for pur
poses of general or ungeneric classification, belongs up next to
Social Circle and Precinct; but has to be placed LAST, only,
because of its functions in the Unit-column : and because of being
a Fundamental Element of society itself, it has to be placed
apart from the six Units ; and of course it could not be placed
before Individual.
This explanation seems necessary, because, from Corporation
being placed at the top, in an ascending series, some persons have
wondered if we meant to place it above Nation : whereas, since
we place it after Mankind, they ought rather to have wondered
whether we meant to place it above Mankind ; and that wonder
ought soon to satisfy itself without further explanation : And
here we let the matter rest.
It has been repeatedly said, that our theory of types has this
extensive meaning, namely, that in the ascending scale of the
Six Units, each one is a type of all those that are higher than it.
This theory itself is partly an inference from the fact, that in
the historical development of human society, as new units are
formed, the old ones are still always retained ; that is to say,
when Families have been formed, the Individuals still exist,
and when tribes have been formed, the Families continue to
exist; and so on upwards. Hence it follows, that when the
tribe resolves itself, in modern society, into the three forms of
Social Circle, Precinct and Corporation, all those Elements must
always continue in living action. The facility with which these
three elements of Tribe, change, one into the other, or substitute
themselves one for the other, has been sufficiently remarked upon,
in Bk. I. Part II. Chaps. VIII. and IX., and in Bk. II. Part
II. Chap. XII. 1, and elsewhere. Hence then, we must
always look for such an abiding activity of the Tribe-principle,
and of the Corporation-principle, in civil governmsnt.
360 BK - IV. CORPORATION. II. I. III.
Moreover, Corporation, as it comes after the six, in the order
of the Analytics, is, in one sense, more abstract than either of
them, and therefore logically more general. In this sense, they
are all types of it, as well as in the other sense, it is type of them.
CHAP. III. LOGICAL RELATIONS.
The old saying, that government has no rights nor duties over
Individuals, except to prevent them from injuring others, be
comes, in our theory, changed to the proposition, that government
has no rights nor duties over Precincts,, nor over governmental
Corporations, whether local or general, except to prevent them
from committing injuries, either on other .such Precincts or Cor
porations, or on those Individuals who have a just claim and
right to depart TO such others.
Our object in the treatment of Corporations, is partly, to en
deavor to point out, how, nearly all the civil relations can be
performed better by them, than they are by the present consolid
ated governments of the world : better, in fact, than they can be
in any other method, unless perhaps by going forward and giving
to the Precinct-governments the investiture of their localities;
with that fulness of power which our Precinct-theory endeavors
to point out : although it is also partly our object, to develop a
complete theory of Corporations, that will apply to their con
struction within the Precinct, so far as they are needed, and even
so far as they arc possible, there.
Moreover, the variety of choices between the different kinds of
Corporations, that we point out, becomes important to be remem
bered, because we thereby obtain different classes of developments
from, and of hopes in, the Corporation-theory. And as the density
of the world's population increases ; nothing is more certain than,
that, both the increased density, and also the increased numbers,
will require new developments, new evolutions, and new differen
tiations, of all the various kinds of associations, political as well
as others. And Corporations are the readiest methods, of thus
differentiating and evolving ; because they do not necessarily re
quire change of residence, nor change of Location for any purpose ;
and because they arise with much more freedom and directness,
from the voluntary powers of Individuals, Families, and Social
Circles; and with less interference or intervention by "the law."
SURVEY. ELEMENTS. REAL RELATIONS. 361
While pointing out, however, the logical relations above
mentioned, we all along incidentally, in the treatment of this
subject, endeavor to establish the right, the utility, and the prac
ticability of the General Theory. Furthermore, we endeavor
incidentally to point out, for all these general doctrines, the
arguments in respect to two other special doctrines, namely; one,
that all virtual Corporations ought to be recognized by municipal
law ; the other, that fractional uses of Corporations ought to be
turned into wholes, and that fractional Corporations ought to be
superseded by wholes. But yet by wholes, we do not mean one
whole Corporation for all departments of government} or for
all subject-matters thereof; but mean, systems of Corporations,
such systems as will together make up a whole, and the scien
tifically organized parts of which, may therefore be called wholes.
OHAP. IV. REAL RELATIONS.
Corporation, though not a natural Element of society, in the
same sense that the others are, is yet none the less absolutely
fundamental, in the higher development of society, and even
absolutely necessary, until Mankind arrive at a state of per
fection both of the Individual and of society : and even then,
although less necessary, it would be quite as safe. It is there
fore really none the less a natural Element than the others;
although it is less obviously so. For, the mere fact that it may
be dispensed with in a perfect state, is no argument against its
being natural ; for the same may be equally true of the Pre
cinct or the Nation or the Social Circle, and as some imagine, of
the Family itself. For, to introduce biological illustrations, the
chrysalis is only a transition from the egg to the fly ; but yet
it is a natural state. So also the time of fruitfulness in the
female, is merely transitional between puberty and a more ad
vanced state ; but still it is natural. Neither can Corporation
be deprived of the attribute natural, on the ground of its being
voluntary ; for the will is natural, in every sense that the word
natural can be applied to anything metaphysical. Furthermore,
even if Corporations could be dispensed with, in a perfect state,
yet in that state they are all the more susceptible of the highest
developments, and of the highest and most varied uses to Man
kind.
362 BK. IV. CORPORATION. II. I. IV.
Mr. E. H. Hamilton has suggested the idea, of the church
itself as THE great Unit of society. But this of course, can
only be true of that Catholic ideal-unit, of that ideal society,
which is not yet formed. Nevertheless, in a government con
sisting of Corporations, the fundamental importance of the
church, could not be overlooked. The church, that is to say,
the SYSTEM of churches, presents us the grandest and most im
portant system of Corporations to be found in modern times ; a
system of which the Roman Church organization itself, grand
as it is, is only a part and a type. The great entrance of Chris
tianity consisted in changing the kingdom of God, from a
Nation, into a Corporation, namely, in changing its "base"
from rectilinear to circular functions.
Again : The function of general administration is more suit
able to a Corporation, than is any single function of govern
ment; not only because local and even national government
itself, is a kind of unartificial spontaneous Corporation ; but
also because a common Corporation, being a leaf, a product, a
result, of miscellaneous and compound government, is the best
FUNDAMENTAL ANALOGY for it, and the most approved kind of
a type of it. To sum it up, a common Corporation, involving
as it does, legislative, executive, and judicial functions ; and,
both elective and pecuniary arrangements, is a form more like
a complete political government, than almost any other form.
The Declaration of our Independence, says, " All men are
created equal, endowed by their Creator with certain INALIENA
BLE rights, such as life, liberty and the pursuit of happiness."
The term inalienable expresses the idea which Mulford regards
as based on a false theory, and there are others who regard the
reference to a Creator as based upon a false theory. But there
can be no more doubt that the United States national govern
ment, is founded upon the theory' of compact, than it is upon the
theory of equality of rights of Individuals, as given by their
Creator. Indeed, the two theories amount to one, in the highest
generalization. How indeed, would it have been possible, for a
Nation, growing up, as ours from its beginning has done, from
many Nations, to be resolvable into any other theory than that
of compact? Whatever, therefore, may be the case with other
Nations, ours is based upon the theory of compact, in which
SURVEY. CORPORATIONS NOT LOCALITIES. 353
certain rights are made by the Creator, utterly inalienable ; and
which, no degree of force, and no length of time, and no past
consent by the governed, can ever destroy.
CHAP. V. DIFFERENCES BETWEEN CORPORATIONS AND LOCAL
ITIES.
1. In their Nature.
Remembering we frequently say, that all kinds of govern
ment, are a sort of Corporations for their respective Localities,
the question may now be asked, and answered : What are the
differences between the Corporations strictly so called, and Pre
cinct, or Nation, which are as if sorts or kinds of Corporations
IMPLIED in the fundamental constitution of society ?
The historical difference is this, namely; The Precinct is
merely a transformation of the neighborhood-element of the
tribe. This element of neighborhood, in the first or migratory
condition of tribes, was merely a moving organized Social Circle ;
but subsequently became localized, by the enlargement of the
tribe, and by the change from the migratory to the settled and
agricultural condition. But social inequalities arise, even in the
migratory condition, hence, even then arise the Social Circles.
All governments of Localities como chiefly from the feelings, or
the emotive part of our nature. But the Corporations arise
from the reasoning faculties, from the suggestions of special
works, not undertaken by the tribe as a whole, nor by its rulers ;
and either the works, or the methods, not agreed upon by all
the reasoners and thinkers. Those who agree upon any work
and method, unite together for that purpose only, and organize
for that end.
The essence of the great difference, between Corporation and
the other Elements, consists chiefly in this ; that the strictly
called Corporations derive their power from the Instinctive and
Fundamental Elements of society; or at least act under their
control, and are therefore of a derivative or subordinate kind ;
but the other Elements of the Analytics are instinctive ones,
and may be called primitive ; and can never be entirely dis
placed. In other words, and socially speaking, Social Circle,
Precinct or Nation, can no more be entirely eliminated, than
Family or Individual can be.
364 BK - IV - CORPORATION. II. I. IV.
Therefore, the relation of Corporations to their organic supe
riors, differs from the relation of Precincts to their superiors,
in this ; that the Precincts own by nature their privileges, as
Precincts ; but the Corporations derive them from the rights of
other Units, namely, from the Individual, the Family, or the
Social Circle ; as admitted or recognized by the superior. And
thus, in a certain sense, Corporation-rights may be said to de
pend upon the superior powers ; but Precinct-rights do not so
depend ; although their actual powers of course do so. In other
words, the case is one of Individuals &c., asking for their lib
erties and rights in one particular method. And there arises,
therefore, a much greater right of the superior to exercise judg
ments, especially as to the methods. But this difference need
not necessarily be felt very deeply in practice ; because a govern
ment, or society at large, may spontaneously give to Corpora
tions, many or even nearly all the powers of either or of both.
There is, however, another essential difference between Cor
porations and local organizations, namely; The Precinct itself
may often be the superior to a Corporation, although, of course,
it could not be superior to itself. Corporations, therefore, al
though intellectually so great, yet need to be humble before the
local governments, the essential and instinctive natural units of
society. Morally, they have rights, but not perhaps to be as
serted by force, against truly organized systems of local govern
ments, with Precinct-rights duly preserved.
2. In their Operation.
The consideration of the Precinct, established rights and prin
ciples, which are, in general, equally as demandable and obtain
able by Corporation ; and sometimes, but only in less degrees,
by some of the other Elements. Nevertheless, the Corporation-
principle possesses some ;d vantages over the Precinct and Na
tion ; and over their principles and methods of obtaining human
rights, and securing human happiness. This Corporation-prin
ciple or method, is much more economical, and much less dis
ruptive of the ties of kindred and acquaintance. It allows the
parties to continue to reside and intermingle among each other,
a policy which in the past has been useful in allaying animosi
ties, and promoting progress.
Being next in naturalness to Precincts, and needing to precede
SURVEY. CORPORATIONS NOT LOCALITIES.
them in the reformation, Corporations, in the mean while, are
the substitutes. They are also the procurers of. many particular
rights of the Precinct : Because, they are the NEXT most natural
and most spontaneous Element of human society, in which it is
possible for small bodies of men to organize themselves politic
ally ; the Element " Nation" being entirely too extensive, and
also too radically different, to be thought of as a recourse in
this connection, or in this era of the world.
In their primary operations, while the Precinct-theory pro
vides government for persons who are near to each other,
physically or geographically; the Corporation-theory provides
government for those who are near to each other metaphysically
or morally. And in their fullest development, the Precinct
provides companies for Localities ; the Corporation provides as
sociations both for metaphysical and moral bases. Thus it is,
that the highest and best obtained uses of Precinct, are involved
fundamentally in the very idea of the Corporation, and are
directly sought for by it.
Thus it is, that, although the physical condition, Locality,
which constitutes the distinction between the former two,
namely, Precinct and Nation, and the latter one, is a condi
tion, the retention of which, facilitates the calculation of the
physical and lower phenomena of society, and the attainment of
their corresponding objects : yet its complete elimination fur
nishes a calculus which facilitates the investigation of the meta
physical and transcendental phenomena of society, and the
attainment of their corresponding objects, or, which will do so,
whenever our lower geometry and algebra, have been sufficiently
perfected for such a transcendental elimination.
The great points of difference between the two systems, in
practice, would be as follows, the Corporation-system would be
easiest and pleasantest for private citizens as Individuals, but
the Precinct-system would be easiest for faithful government
officials : the Corporation-method would be easiest taken ad
vantage of, by dishonest persons, (whether in or out of office) in
its actual administration, after being fully inaugurated ; but the
Precinct-system would be most likely to be taken dishonest
advantage of, in its inauguration.
366 BK - IY - CORPORATION. II. II. I.
SUB-DIVISION II.
MISCELLANEOUS CORPORATIONS.
CHAP. I. CLASSIFICATIONS.
& 1. Blackstone' s Classification.
A Corporation, according to Blackstone, is defined to be " an
artificial person constituted to maintain perpetual succession,
and enjoy legal immortality, in order to preserve PERSONAL,
rights." But in our Social Science, Corporation sometimes
means the principle whereby citizens of different Localities asso
ciate together for special purposes, abstract from locality ; at
other times it means a particular association, constituted for such
a purpose, and consisting of special Individuals of various Lo
calities, and selecting themselves for the purpose, without neces
sitating change of domicile. The latter part of Blackstone's
definition should be kept distinctly in mind as to the object
namely, " in order to preserve PERSONAL rights" ; and he means
the rights of the INDIVIDUAL.
Blackstone says, " Corporations may be erected by Custom,
by Prescription, or by act of Parliament." When Prescription
means the long usage of Corporation-rights by a particular Cor
poration, its condition before legal recognition constitutes what
we call a virtual Corporation. When custom means common
custom, such as constitutes the common law, it contains an intel
ligible meaning; but there is no such custom in the United
States, ^except as to virtual Corporations, in whose case there
exists enough of the law to prevent the persons engaged from
being considered partners. But only legislative enactments, or
special proceedings according to such enactments, constitute Cor
porations in the United States.
Blackstone says Corporations may be divided thus :
Either Aggregate and Sole,
Or Ecclesiastical and Lay,
Or Civil and Eleemosynary.
But this classification is not sufficient for social science ; nor
SURVEY. ACCORDING TO TEN CHARACTERISTICS. 367
indeed do we recognize any such thing as a Corporation sole.
The nearest approach to it, in our classification, is partnership.
THAT is the smallest Corporation we can admit of, even in the
definition.
2. Our Preliminaries.
In order to consider this subject fairly, it is necessary for us
to make some classifications very different from the old ones.
Furthermore, inasmuch as the term " Corporation" is not com
monly understood in that wide extent, or with that wide signifi
cance, that we are about to give it; or perhaps it would be
more proper to say, that the classes of Corporations of which
we are about to treat principally, are scarcely ever found, even
in theories or in books ; and as the kinds of uses also are not
common ; we will have to introduce several further classifications.
Referring then, to our classification of the fundamental per
sonal Elements of the Analytics, we remember, that whilst we
had six Instinctive, we had only one Deliberative, Element.
There is therefore nothing in the classification of the Analytics,
so unique, and without sub-divisions, as Corporation ; unless in^-
deed it be the Summary Introduction, on Social Science in gen
eral. Corporations have to be classified somewhat like, GENUS
HOMO, species man. This singularity however, refers only to
their location as a whole, or as an Element. But when we
come to their sub-divisions, the exactly opposite characteristic be
comes apparent ; and Corporations open up more diversified and
complicated sets of classifications, than either of the other di
visions. And although they have their historical origin in the
tribe and its principles, yet their susceptibilities of almost indefi
nite development and application, entitle them, in the classifica
tion, to a position of almost unparalleled importance. Hence
we now propose to give a classification of the classifications, em
bracing Ten different mentionable characteristics ; the last one of
which will be the basis in our Third Main Division ; and sev
eral of the other nine, will aid in understanding that Division.
CHAP. II. CORPORATIONS CLASSIFIABLE ACCORDING TO TEN
MENTIONABLE CHARACTERISTICS.
(A) Classification of the Characteristics.
Corporations need to be looked at in many different views ;
and in each view, it would be possible to make a separate classi-
368 BK - IV - CORPORATION. II. II. II.
fication of them all according to their different Characteristics.
We will present Ten such different views or Characteristics of
possible classifications, with a few remarks upon each, before
proceeding to the consideration of those Corporations which are
expressly governmental. First: Classifiable as to their relations
to "the Law"; namely, Legal or Virtual. Second: Classifiable
as to secrecy; namely secret or not secret. Third: Classifiable
as to monopolization ; namely, whether monopoly or not mo
nopoly. Fourth: Classifiable as to their relations to personal
intercourse ; namely, whether associations involving sociable
intercourse; or companies not involving sociable intercourse.
Fifth: Classifiable as to the official nature of Individuals;
whether membership constitutes office, or whether it does not.
Those in which membership itself does constitute office, are only
$erai-Corporations ; as for instance, Partnerships and possibly
Families. Sixth : Classifiable as to their objects in view : These
objects may be divided into Physical or Metaphysical ; The
Physical may be for Pleasure, or Trade, or Transportation, or
Currency. The Metaphysical, might also be called Transcen
dental, and may be for Morality, or Religion, or Charity, or
Education. Seventh: Classifiable according to their nature,
whether simple or compound. Eighth: Classifiable as to the
means they may- use, whether Governmental, or Voluntary, or
Mixed. The Governmental, may be either for Civil, or for Polit
ical objects. The Voluntary may be either for Morals, for Prop
erty, or for Person. The Mixed may be either for Uniformity,
for Obedience, or for Separation. The Mixed mean those which
are* of a Semi- Family nature. Ninth: Classifiable as to their
relations to, or control over, Localities, whether embracing or
governing their localities, or whether NOT embracing or gov
erning them. This classification is general enough, to embrace
the Governmental Corporations, which we treat at length in
the Third Main Division; and was the classification formerly
adopted by us for them. Tenth : Classifiable as to their Gov
ernmental and Political nature, namely, whether Governmental,
or not.
The Governmental ones constitute, as just said, the Third
Main Division. We, therefore, only need say here, that they
are classified into two Sub-Divisions, namely, First, a Lower
SURVEY. ACCORDING TO TEN CHARACTERISTICS.
or Derivative order, exercising special functions under present
governments. And second, a higher order, exercising inherent
political functions; and based upon ideas. This higher order
would require, and involve, a very considerable reorganization
of society.
Now let us make a few general remarks on each of the before-
mentioned Ten Characteristics of Corporations.
I. As Related to "The Law."
The first and simplest basis of classification of Corporations
(for the present purpose), is, that which rests upon their relation
to " The Law," their authority in the law, to exist. Because,
whilst one kind is legal, duly authorized by statute ; the other
kind is only virtual. A Corporation of the latter kind, is real
and efficient to its own members, within certain limits ; but is not
so to the outside world ; and is always liable to disorders, from
ils abnormal relation to the law. Such a Corporation is in the
same relation to law, that ancient Corporations were, whilst
in the incompleted process of establishment by "prescription."
"AND NOW," in the United States, several of the communes,
although operating without charters, and without even that legal
sacrament, " a common seal," have undergone suits, and come
out victorious, upon the very ground affirmed by the civil courts,
that they are not partnerships, but, virtual corporations.
Our theory, in regarding partnerships as a sort of Corpora
tions, is confirmed by the fact, that the chief or only diiference
which " the law" makes, between Corporations, is the same that
it makes between partnerships ; namely, the differences based
on the degree of liability of the Individual members ; namely,
Limited, "or Unlimited.
The old English law, until very lately, was as arbitrary and
absurd, about Corporations, as it was, and as ours still is, about
partnerships ; namely, refusing to allow the limited responsibility
of the Individual members, according to their own free choice
and judgment ; as arranged between them and their creditors,
spontaneously and voluntarily. J. S. Mill has shown the com
plete justice, and expediency of such a freedom for partnership.
And it is equally as demonstrable for Corporation : and will be
seen to be so, when the old despotic policy of tyrannical or ava
ricious law-makers, shall cease its wretched course, of doling out
24
370 BK - IV - CORPORATION. II. II. II.
human rights drop by drop ;, and only at all, lest blood should
flow, or lest they should lose their offices.
The difference between Limited and Unlimited Corporations
is so great, that probably it ought to have been made by us, into
a separate classification, additional to the Ten. But that per
haps it is virtually included in our Fifth class, namely, as to
whether membership therein, of itself constitutes office, or not,
(See o below.) Because, no partnership nor Corporation ought
to involve unlimited liability, without also, and at least, consti
tuting each such accountable member, an officer and ruler of it,
per se; and not merely a stock voter. Society and law should
always extend their saving power and wisdom, to counteract
the evils of their own producing.
2. As to Secrecy.
The question of secrecy is always one of degree. Secrecy is
justifiable or otherwise ; according to its object, and according
to the right of other people, to know. There is an imperfec
tion in all human character, that will not justify an uncovering
of our hearts to other persons, only in proportion as they are in,
not only corresponding, but also suitably perfect degrees, botlf
of affection and intelligence. For, without affection, men de
spise the faults in others, which they themselves possess ; and
without intelligence, they would despise the confidences of in
tellect. This principle, in its utmost activity, is one of the prin
ciples that require simple marriage and personal privacy. In
all governments, whether Families, societies, cliques, parties, or
even Xation itself, the innermost c ' wheel within wheel," is a
silent, a secret, an "Unknown power/' On the other hand,
secrecy may be based upon a design to-do wrong things, and,
which we are really ashamed or afraid should become known.
Or it may be based on a design to do mutually selfish things,
namely, for the members to help each other especially, whilst at
the same time receiving help from non-members, the same as if
non-members themselves. And, thirdly, secrecy may be merely
the provision of means of recognition, whereby persons mutu
ally acting together in purposes, but separated in localities, may
become known to each other, on occasion. In this case, the
ultimate object of the association, and also its surrounding cir
cumstances, are to be considered.
SURVEY. ACCORDING TO TEN CHARACTERISTICS. 371
But when we would apply the thought to Politics, there is a
difficulty to reconcile the universal approval of secret ballot,
with the general opposition to secret societies. This much, how
ever, can safely be said, that in proportion as the rights of all
the Fundamental Elements of society are practically acknowl
edged ; and especially the rights of Individuals, Precincts, and
Corporations ; and so far as the forms of legal and social pro
ceedings, are improved generally ; just so far, all good reasons
or excuses for the secrecy of political associations will be re
moved. And finally, a completely prevalent communism, would
remove the uses of secret recognition in the good and moral
secret societies ; and there would then remain as justifiable se
crecies, only those between marital partners, or those between
choicest friends.
3. As to Monopolization.
All that occurs to say of this, is, that the monopolization, if
any, should always be of limited duration ; and in proportion to
population; and if of an internal Corporation, its charter or
rights should NOT be more difficult to alter by the authority of
the Government, than the Constitution of the Government itself:
nevertheless, in all forced alterations, compensation for financial
injuries should be made, as truly as to Individuals. These prin
ciples apply to the monopolization of governmental and political
power, by Precincts and Nations, in the displacement of tribes
and governmental Corporations ; as well as to common organ
izations. Corporations for building roads, need a limited mo
nopoly ; but Banks on a proper commodity basis, would not
need any ; but only, evidence of the possession of a sufficiency
of the BASIS, and of morality.
4. As to Relations to Personal Intercourse.
One of the most evident differences between Corporations, is
made upon the principle, whether they involve personal social
intercourse, or not. Those which do involve social and sociable
intercourse, we may call associations, because the members are
associates. We might include, under this head, such of the
functions of the Family as belong under the head of Corpora
tion, inasmuch as their members associate together. But we
postpone them to another head, which seems to us more appro
priate.
372 BK. IV. CORPORATION. II. II. II.
Those Corporations which do not involve personal social in
tercourse, are called companies; the members accompanying each
other in the special occupation for which they are incorporated,
but not associating together; at least, not as a matter of course.
Partnerships, if they come under the head of Corporations at
all, as we endeavor to show that they do, might be placed here;
inasmuch as the members are not necessarily associates in the
relations of private life. But we reserve them also to a place
further on, which seems more appropriate.
Associations are much more complex and special, than com
panies. They involve that difficult subject, the Social Circle ;
and many societies therefore fail, because they attempt to be as
sociations, when they might succeed, if they only attempted to
be companies. It is obvious, however, that a company might
exist, which would accomplish the more complex and especial
functions of an association, by sub-dividing itself into two or
more associations, according to the different Social Circles of
which it consisted.
5. As to the Relation of Membership, to Office in them.
(a) In General. In classifying Corporations, according to
specialty of organ for function, and according to objects in
view ; one principle of the division might be, whether member
ship in itself constitutes office, or not. Those in which mem
bership does constitute office, consist of partnerships on the one
hand, and Families on the other. These might be called Semi-
Corporations, inasmuch as only a part of their nature can be
investigated under this head.
Most societies, as they allow all the members an equal right
to speak, are partly of the nature here expressed ; especially was
this the case originally in the society of " Friends" or Quakers,
in which, membership carried with it the right of being a "min
ister," a speaking-officer; although subsequently the right re
quired confirmation by other officers. But it w r as only the
right of a speaking-officer (an officer peculiar to the Christian
churches, and existing in most of them)-, it was not the right of
a ruling-officer, which is the only thing of much account in
direct politics.
Whenever membership in a Corporation involves unlimited
liability of the Individual, the law ought to empower him to be,
SURVEY. ACCORDING TO TEN CHARACTERISTICS. 373
per se, a ruling officer in the concern ; and that too, even if he
was willing and should agree to forego his claim thereunto. See
above under 5.
(b) Partnership. Here we might say a few words to the
legists, who of course will dispute our theory of Corporations
" in toto" ; and in particular, will probably ridicule the very idea
of including partnerships under the head of Corporations. And
now, gentlemen, pray tell us, what is a limited or special part
nership ? and what is the difference between it and a Corpora
tion ? Ah ! It has no corporate seal. Alas, indeed ! But we
answer : regarding the active members of a partnership as the
officers of the concern, then the limited partners are merely
stockholders, without having the amount of their investments
divided up into a formal and arbitrary number of shares ; ex
cept under the general name -of so many dollars, or so many
pounds ; so that the difference is not in essence, but only in form ;
yea, and only in the form of the name. But what the partner
ship lacks in form, it more than makes up in spirit ; because the
officers, in this case, seldom find themselves able to cheat the
stockholders with trickery, book-keeping, and " long-winded"
reports.
The folly of the present law of partnership, in not recognizing
it as a Corporation, is, that ordinarily it makes all the partners
responsible without limit, for the acts of either one of them.
The principal thing which Social Science has to investigate, in
regard to partnerships, is, their further and enlarged capacity to
fulfill functions that Corporations now have, or might have, en
trusted to them. The head of the government of Rome once
consisted of a triumvirate of three partners, and of late years the
government of France was a consulate of two parties, so that
history does not entirely desert us in this theory. But still, these
were not permanent Corporations, nor was the concurrence the
result of free selection by the Individuals. The problem for
Social Science here is, to fit free, voluntary partnerships, for all
the various functions of Corporations ; including also governing
and political functions.
(e) The Family. By including the Family under the head
of Corporation, all that is meant, is to recall the fact, that some
of the functions of the Family are of a corporate r.ature, and
374 BK - IV - CORPORATION. II. II. IT.
belong to Corporation ; because it is an institution organized for
special purposes, by the voluntary agreement of the parties. And
as we intimated in the Summary Introduction, Part I. Chap.
IX., 1, in reference to classifications, that a truly scientific one,
ought to be general enough to allow all parties to arrange their
ideas under its order : and not seek to forestall freedom, or to
establish doctrines, by cunning contrivances. It is better to meet
the question purely on its own merits, when it comes up under
its proper " book," The FAMILY, in another volume.
Another thought however, belongs here under this head,
namely, that the more, marriage and the Family-organization
are entered upon voluntarily and deliberately, as in Modern
Society; and consequently the less they are entered upon by
mere animal propensity, the less the principles and rights and
duties of mere instinct or feeling, apply to them ; and the more
like voluntary CORPORATIONS they may become, without vio
lence either to expediency, morality, or the will of God. This
idea sheds more light on the evidently changing views of the
most civilized peoples, relative to divorce, than anything we
have yet thought of.
We have seen in the Introduction, that the deliberative and
ratiocinative grounds of the Family, created a difficulty in the
Highest Main Division ; rthat between the instinctive and the
deliberative Elements of society. We there unhesitatingly
adopted the term instinctive, for the first division, and in
cluded the Family in it. But still, it would not be justice to
the whole truth ; nor to the views of a large class of social sci
entists, nor to the generalness of a strictly scientific classifica
tion, to omit the Family entirely from the deliberative Elements.
We must also bear in mind here, according to our type-theory,
that Family is type of Corporation ; and Corporation, in turn,
is type of Family : and that therefore both throw light upon
each other reciprocally.
We find everywhere in history, Families, which do, in fact,
conduct certain mercantile, banking, insurance, and other busi
nesses. And we also find many instances of Families whose
members do, in fact, exert a controlling influence in politics, for
generations, even in the United States. But this principle has
not as yet found any method of expressing itself by corporate
SURVEY. ACCORDING TO TEN CHARACTERISTICS. 375
organization, according to Republican principles, except in one
or two instances of communism.
Here the question arises, whether it is possible to entrust to
Families, AS SUCH, any of the functions of Corporations. The
political and civil functions seem to have been entrusted to
Families, in a certain limited way, in hereditary governments;
but that is not at all what we mean. We mean no further hered
itary principle, than in the limited degree, which the laws of
the United States now allow to property. The question is, in
regard to parents and their immediate children or issue. But,
after Social Science shall have given to partnerships, all their
rights, and worked out their problem ; then the problem of the
corporate uses of Families, may perhaps become plainer. We
are not able, as yet, to do anything with it.
6. As to Objects in view.
These would be almost endless, unless we take a few COMBI
NATIONS of chief objects, as portrayed in the latter part of the
Third Main Division of this " book." But they may here be
classified into Physical and Metaphysical, and then their re
spective Sub-Divisions might be as follows :
(a) The Physical. The physical Corporations and objects,
may be divided into Trade, Transportation, and Currency.
As to Trade or Business matters, our modern world is so
full of them, that we need only say a little. One thing is, that
as governments have proved so inefficient to attend to their own
business-matters, or to obtain Individuals to attend hereunto
for them, it would be well for them to authorize large Corpo
rations for all such purposes, as fast as the governments can be
made honest enough to resist the large bribes of such Corpora
tions. Another thing to be suggested here, is, -that there is some
radical defect in some of the American social laws, which tend
io hinder, rather than promote, the keeping of all the members
of a Family usually in the same business, as is common in
Europe. The Family is a Corporation made by nature, able to
conduct a business economically and happily, in mutual love
and confidence.
As to Transportation and Roads, the first error seems to be,
the ignoring entirety, the peculiar rights of the adjacent land
owners. Because those owners virtually and locally are a part
376 BK - IV - CORPORATION. II. II. II.
of the Corporation of the road. If, after a street or common
road was graded, and ordered by law to be opened, if the final
legal process to open, involved under general law, the incorpo
ration of the land-holders along the street or road, then the
work over the road would be accomplished at vastly less ex
pense, either in money or in morals, and would be much better
done. Moreover, even in the case of turnpikes and Railroads,
it would be better if the land-owners, as such, along the line,
were invested with some small proportion of the stock, even if
the public paid for their proportions thereof. Because, all lands
ought to carry with them some share of control over the roads
adjacent to them, independent of the interest in their original
construction, which sometimes is, but sometimes is not, worth
considering.
The Precincts in which roads lie, should also have a small
right of ownership in the Road-Corporations, and for the same
reasons as the adjacent land-owners should have.
We must admit that the Railway companies are terribly cor
rupting powers over governments ; but it is equally as clear,
that they can do their work far better and far cheaper, than
governments do. But a question arises here, and is left for
subsequent thinkers ; can Corporations for transportation be ob
tained, without chartering especially for the purpose, and merely
by employing organs already in existence ?
If every Railroad-ownership 'consisted of two separate com
panies, one of the Road-way, and the other of Transportation,
and under due legal regulations, by principles, not by details ;
perhaps things would be better, as each such Corporation would
serve as a check to the other. But the main source of improve
ment would be, for both law and public opinion, to prevent any
Railroad-officer from reaping indirect profits for himself at the
expense of the company, no matter what were the methods or
the circumlocutions thereof. The Express Companies that avail
themselves of the Road-Companies, are generally found more re
liable, and less risky, as transporters, than the Road-Companies
themselves. Hence the conclusion, that the mails could be thus
carried, better, safer and more economically, than by the govern
ment, and with less corruption of the government. Besides,
they would conveniently be responsible for losses as common
SURVEY. ACCORDING TO TEN CHARACTERISTICS. 377
carriers, or otherwise, which the United States government refuses
to be. The Road-Companies themselves are also accountable in
this sense; and some of the best of them are perfectly irre
proachable, in doing their own express business.
For the protection of travelers and their property, a special
Corporation is formed in England, and is evidently necessary
elsewhere ; because the great power of the Road-Companies, and
the smallness of most of the particular losses, generally shut
out redress beyond all hope, except in the generosity of the
company's officers.
A general principle is evolved from these cases, namely, that
every large Corporation needs, that an opposing or correspond
ing Corporation should be formed or authorized, for every class
who do business with it, whether, as customers or as employes
or as opponents : and the same may be said of every large sys
tem of Corporations, although each one of them might be of
small importance.
Nothing but Corporation can resist Corporation. Corrupt
therefore as Corporations sometimes become, they yet counteract
each other's evils, and help regulate society; and are all the
more necessary to be legitimized in this country ; because the
disorderly persons do and will form into virtual, although illegal,
Corporations, and into legal Corporations with secret ulterior
objects; suppressing personal liberty, and interfering with the
natural course^ of commerce and manufactures. Just as in for
mer times, Corporations were the only powers that could resist
the feudal nobility, and the kings ; so in modern times, Corpo
rations are the only powers that can resist the mobs, and the
demagogues, in their various clubs and associations. Nor, are
the large Corporations any more corrupt than the less and more
popular ones, or than .the disorderly mob-ones, many of which
are quite as much perverted by their leaders, from the real or
avowed objects of their members, as are the larger ones.
An important question here is, what are the real causes of the
corruption of the large road and transportation companies?
One reason seems to be, that their geographical nature, and com
mon use, make them well known to the public, O that they
seem to be old acquaintances ; and therefore the public readily
LENDS them money in permanent loans. Banks are more secure
378 BK - IV. CORPORATION. II. II. II.
than the transportation companies. The reason is, they have no
permanent loans, because, both as to their discount and circula
tion, they may be called upon for payment of them at any time,
without notice. When Banks meant to swindle, they formerly
located in some " wild cat" region, where they could not easily
be called upon, for payment.
One method to cure the evil in the Transportation-Compa
nies therefore, would be, to constitute all the bond-holders a
Corporation separate from the share-holders; and with a right
to be the sole administrative power, as soon as a road became
unable to pay its obligations promptly.
But a still better method would be, to do away entirely with
permanent loans at a fixed interest, and convert them into some
kind of preferred stock, with only a limited dividend as a maxi
mum. A simpler rule would be, to have equal amounts of com
mon stock and preferred stock, issued, subject to equal power in
voting : but the common stock never to have dividends allowed,
until a certain dividend, at a certain prescribed rate, had been
allowed and paid to the preferred stock, and all arrearages,
if any, had been made up thereunto. The rate for the pre
ferred stock, to be not fixed by law in a given figure, but to
be, say, the average, actual and legal rate, usual in other safe.
and preferred investments, as bonds, mortgages, and municipal
loans, &c. Arrearages should also be at compound interest, at
this rate.
Or, if such an arrangement is too far ahead of the age, per
haps it would be practicable, to have the rate of interest for
preferred stock fixed for a given number of years, say 25 or 50
years. And at every expiration of said term, to have the owners
of one kind of stock, appraise the total value of the company,
arid the owners of the other kind, to choose whether to buy or
sell at that rate ; the party buying, would of course be the new
common stockholders, and would raise new preferred stock in
sufficient amount for the next term of 25 or 50 years, at a rate
of interest then satisfactory to capitalists.
Another reason for the corruption of these companies, is the
accomplishment of their elections, by general tickets; whereby,
even at best, the entire board is elected by a mere majority of
all those voting for boards of directors, instead of by the prin-
SURVEY. ACCORDING TO TEN CHARACTERISTICS. 379
ciple, that each director shall be elected by his own fractional
proportion of the stock.
To impute their evils to the system of voting by proxy, is
wrong ; because the proxy is a just principle ; and its abolition
would place the companies under still smaller cliques than now.
But distant proxies should be allowed only from old holders.
Another reason of the corruption of these companies, is, their
being instituted by special, instead of general charters; so that
often there is bribery in their origin, bribery in their progress,
and bribery to prevent the chartering of rival lines, so that some
at least of the officers of some such successful roads, must be
skillful Generals in bribery.
The Postal Organ is of doubtful position in the classification,
inasmuch as IT, compared with "express" companies, or other
forwarders, performs a much larger proportional amount of local
office work. For instance. The office expenses of other for
warders, will perhaps only be one-twentieth of their amounts
paid for freight ; but the office-expenses of the Postal Organ,
would perhaps be almost or quite equal to the amounts paid for
freight. Hence, the Mail-service, although really a kind of
transportation, comes rather under the principles of a local busi
ness. It is well known that private persons, or Corporations,
would do the Mail-business cheaper and more satisfactorily to the
public, and would at the same time be responsible for losses as
Common carriers ; which the government refuses to be, even for
registered letters. And a further advantage would be, the with
drawal of the vast 'power, which the filling of the Post Office
gives, to every political administration. Besides, its management
has always been sectional ; formerly in the interests of the South ;
now in the interests of the West. For one letter weighing one
fourth of an ounce, to charge two cents from one street to another,
in the same city or county, and then, for a newspaper weighing
four ounces, to carry all the way from Maine to California, for the
same price ! We would not object so much to charging the cities
as high as the country, provided the profits thereof were ex
pended IN the cities, in counteracting their vices, miseries, and
general ill health. But as it is, the system is unjust, and is an
other of the methods taken to stimulate the premature settlement
of the public lands ; and to promote scatteration generally.
380 BK - IV - CORPORATION. II. II. II.
The same kind, although a less extensive, superiority of private
enterprise, is equally certain in Telegraphy. But some persons
are arguing for a postal telegraph. Perhaps the newspaper-men
want this " improvement," (of a postal telegraph) ; or perhaps
the land-speculators want it. Or perhaps it is desired to have
the Postal Telegraph "run" as the Post Office itself is "run."
Or perhaps the Lines want to sell out at a good profit : " Gov
ernment is rich." Or perhaps what is wanted is, increase of
official patronage ; or else a monopoly of facilities for getting
advantage of the earliest news. But cheap telegraph news at
the public expense, answers for a popular cry. Perhaps cheap
expressage at the public expense, will be the next cry ; and then,
perhaps free travel ; and then, what next ? Perhaps : Free
property ? or what ? Or ; do these tendencies arise, not so
much from the propensity to break down the rights of property ;
as from the propensity to increase the CENTKAL power? It may
be both together : and then the power of the latter might be used,
all the more effectually, to break down the rights of the former.
As to currency, we can readily imagine how different would
have been the finale of the United-States Government-Loans,
in the war of the Rebellion, if the government, instead of select
ing an organ already possessing a well-established reputation,
and in good working order, had attempted to organize, in the
haste of war, banking firms or companies, expressly for the pur
pose. No doubt, banking Corporations could be formed, that
would at least be safe, by taking time and care in their con
struction. But after being constituted, it is" not easy to reform
their errors, or to change them. Whereas, an agency well -se
lected from among existing ones, if it should prove unsatisfac
tory upon trial, could be changed at once, unless some foolish
agreement had been entered into, preventing the change. But
the main thing here, after all, is, to endeavor to find how Corpo
rations for all the various purposes of this, and of the subsequent
divisions, can be induced to grow up spontaneously, like the
metaphysical or transcendental ones hereafter spoken of; which
first ari^e to fulfill the functions themselves voluntarily, and
are afterwards availed of by government, for the fulfillment
of similar functions to those for which they had originally been
incorporated. And yet, the tendency of modern laws in the
SURVEY. ACCORDING TO TEX CHARACTERISTICS.
United States, is, to forbid all spontaneous attempts of this kind;
nor would the free allowance of them probably be safe, so long
as either gold or the precious metals with their consequents, and
paper, are made the basis of currency : or perhaps also, so long
as anything else is made such a basis, except well-selected and
transportable merchandise ; a plan for which, we have given in
the Summary Introduction, and is to be resumed under the head
of PROPERTY.
Then the whole matter of Currency would be so simplified,
as to be nothing very diiferent from any other kind of a credit
commerce.
The question of currency, although so generally treated as a
governmental one, is in principle, one only of trade or business.
Governments, except in the United States, have generally used
the function of coining money, as one method of taxation.
No supreme or national government yet established, is perfect
enough to be entrusted with the absolute power of fixing and
altering the currency ; whether of paper or of coin. All that
the supreme governments are perfect enough to have to do with
it, is, to regulate and control and enforce the contracts for it, the
same as for any other articles. And restrictions on govern
mental-power, are more needed in reference to currency, than in
reference to any other articles of contract ; because the currency
is the substance and expression of ALL contracts. Nearly all
the great Nations of the world have repeatedly debased or de
teriorated their coins. In 1834 the United States government
deteriorated their gold coins about six per cent. But only three
years subsequently, came the great panic of 1837. But only six
months previously, the silver coin had been deteriorated nearly
one per cent. Again, in 1854, the government- deteriorated the
silver coins, about seven per cent, further. And again in about
three years came the panic of 1857. The last named deteriora
tion was made to the silver coin, in consequence of the sudden
and large increase of gold receipts from California and Australia,
which cheapened gold greatly, in comparison with silver, and
which were even cheapening ALL money, at nearly the rate of one
per cent, per annum, and when, therefore, the strictly just course
would have been, to have increased the value of the gold coin to
its former value of 1834, instead of again reducing the silver.
382 BK - IV - CORPORATION. IT. II. II.
Now, as supreme or national governments are not perfect
enough to be entrusted with the absolute control over currency ;
and as Individuals have not sufficient continuity of existence,
nor sufficient impartiality; therefore Corporations are much
better instrumentalities for the purpose ; and they, to be held
accountable by the NATION, as for the performance of other
contracts. We admit that contracts for currency should be held
as of national concern, and therefore should be subject to the
Nation's supervision.
The only proper governmental tarnperings with the currency ?
even including the one of altering the standard of coin, are founded
on v on temporary reasons, and as expedients of relief for extraor
dinary cases. They are all at best only bungling methods of
doing what might be much better accomplished by a simple law
authorizing specified discounts to be deducted, in the payment of
all debts contracted previous to a specified time; or what is some
times still better, a stay- law, under adequate security, or by a
combination of both methods. Because, debased coins are scarcely
'ever restored ; and debased government-paper is restored, if at
all, only with the greatest difficulty, and after the lapse of un
necessary years.
(b) The Metaphysical. The sub-divisions of the Metaphysical
or Transcendental objects, would be Morality, Religion, Charity
and Education. But these are objects of such importance, as to
require consideration as elements of society, under the heads of
Intellectuals and Morals, in the Synthetics ; and arc, for the most
part, deferred to that branch of the subject. We may, however,
say here, that they are the most important objects that Mankind,
whether as Individuals or societies, can seek; yet the experience
of ages has thus far proved, that the more the political govern
ments "leave these affairs alone/' the better the affairs prosper.
This ho\vever is not owing to any universal principle in the
nature of things ; but partly, to the general corruptness of political
government, and partly to the error of attempting to promote
transcendental objects, by COMMON FORCE. But yet we see, that
society spontaneously puts forth organizations, which accomplish
these special purposes by voluntary means, better than govern
ments could do by their coercion. Now, when society has spon
taneously put forth appropriate and efficient organs for these
SURVEY. ACCORDING TO TEN CHARACTERISTICS. 333
purposes, political governments ought to be wise enough to per
ceive the fact, and to AID the institutions, so far as they can
reasonably do, without corrupting them. The various political
governments of the United States, do, in fact, pursue this method
with moral, charitable and educational societies. But when they
come to religion, they seem to lose their senses; and argue, because
men have different preferences in religion, that government must
therefore do nothing for it; just as if men had not preferences
and differences, on moral, and on charitable, and on educational
questions. Accordingly, if England aids the Catholic church
in Ireland, or the Hindoostanee establishment in India; all
Protestantism is in excitement. And here, even a public school
must not have any law, except the prejudices or partialities of
the Directors, to allow religious services in it.
But waiving for the present, the question of religion, it is evi
dent in general, that society has learned a lesson here, which it
will find of the greatest use to apply to all this class of Corpora
tions, whether political or not political, and whether metaphysical
or physical, the lesson of aiding organizations spontaneously
existing, and thus using them as its own organs. By this method,
governments would obtain the services of organizations, that had
already proved their efficacy and merits, by their own spontaneous
success.
7. As to their Nature ; whether Simple or Confound.
The Simple Corporations would be those for Morality, Re
ligion, Charity, Education, and Productive Business. The Com
pound would be Beneficial Associations, Insurance Companies,
Churches, Theological Seminaries, Publication and Distribution
Societies, Hospitals, Asylums and Educational Institutions ; also
Corporations for Transportation and Currency ; also the Gov
ernmental Corporations, if there were no special classification
for them.
8. As to the Means they may use.
The next basis of classification of Corporations, is, upon
the kinds of power they may employ : (1) Whether they may
employ only voluntary, i.e. moral power, or whether they may
resort to distraint on property, or whether to coercion of the
person. (2) As to whether the force used is to be of a Semi-
Family nature ; and whether, under it, they are to seek con-
384 BK - IV - CORPORATION. II. II. II.
formity, in the sense of uniformity and harmony, or whether, to
seek absolute obedience, or whether, to resort to the alternative
of separation and dismission. (3) As to whether the force used is
to be of a civil governmental kind, namely, whether in addition
to applying coercion to the Individual, it also is to attempt to
punish, in order to exert an influence on others. This part of
the classification would also include political power, and the
relations of the Corporation to the other political Elements,
namely, Precinct and Nation.
9. As to their relations to Locality.
(a) Corporations NOT embracing and governing their Local
ities. In general, the law of Corporations without political
power, ought to be the same as that of Individuals, except that
their officers should be free from personal liability; and the
common law is thus far correct, in calling them artificial per
sons.
The first principle to be considered now, in regard to Corpo
rations, is the simple fact of their existence in or out of the
Locality or Precinct in which they are intended to transact their
business. And by the pre-supposition, this class is the one which
has NO relation to the exercise of political functions in the Pre
cinct of its location. In regard to this class, it is evident, that
those which act wholly within the Precinct in which they are
located, ought to be almost entirely free from all national and
all other outside interferences ; whatever the nature or business
of such a Corporation might be, provided it does not have a
direct tendency to interfere with the rights of persons, or organ
izations, outside of the Precinct or Locality. This principle
against interference, becomes more and more absolute, exactly
in proportion to the social power actually exerted, of confining
the influence of such Corporations substantially to the Precinct
in which they are located, so far as it is reasonable to suppose
that the influence of Individuals, may be confined to or within
the same limits but no farther restrictions. Even then, there
will remain this difference, of greater power of government over
Corporations than over Individuals ; inasmuch as from the very
nature of Corporations, they cannot remove, like Individuals,
to other Localities, that is, to other Precincts, inasmuch as
such a removal might forfeit the charter, or essentially change
SURVEY.. ACCORDING TO TEN CHARACTERISTICS. 335
the nature, of a Corporation organized expressly to act wholly
within its own Precinct; and that is the kind of Corporation
we are now considering.
But it may be asked, What would you do about Corporations
organized expressly for immoral or irreligious purposes ? We
would reply, we would just do with them, what free govern
ments now do with irreligious organizations, and even what the
United States ought to have done with rebellious organizations,
before they proceeded to any overt act of rebellion; namely,
allow them to be COUNTERACTED by OTHER CORPORATIONS,
and by Individuals. We would let them alone ; but with this
difference in favor of our theory, that it only applies to freedom
within the Precinct ; and then in that case, the Precinct itself
would be held morally accountable, in the judgment of the Na
tion and of Mankind ; and with this other difference, that other
Precincts have a full and equal right to exclude all such Corpo
rations, and even their emigrants, their advocates, and their lit
erature, from their respective localities : so far as they choose to
do so, and be amenable to the same moral judgments of Nation
and Mankind. These and other various practical means would
soon bring them to justice.
Again, you may ask, What would you do about Corporations
of this evil class, if established EXPRESSLY for criminal pur
poses? The answer would be, that those criminal purposes
which are private in their nature, and have no direct tendency
to injure others, except by example, might safely, according to
the principles just before mentioned, be left to the action of
their own Precinct ; for, that is the locality that sees the ex
ample, and suffers by it. And it is fundamental to our theory,
that the right of free removal from one Precinct to another, of
persons with their property, should be maintained; so that if
all good citizens should disapprove of any given proceedings^
and should despond of the probability of the Precinct being
reformed, they could readily remove to another. But it is
to be borne in mind here, that what one age or denomination,
judges criminal, another does not ; and this difference of opinion
is another argument for the freedom of Corporations.
But, as to that other class of criminal purposes, which are not
private, and which are direct aggressions against established
25
386 BK - IV - CORPORATION. II. II. II.
rights, and which would tend to foster a class of criminals, who
would prey upon the rights of persons or property situate out
side of the Precinct ; such purposes are of course excluded by
the nature of our supposition. And Corporations established
for any such purposes, could not at all be considered in the class
of those who trinsact their business entirely within the Precinct.
And it is hard ly conceivable, that any such criminal organiza
tions would b* allowed expressly to act within the Precinct
itself. And no Precinct recognizes the virtue of another, only
as it chooses to.
Now, as to ihat class of Corporations which transact their
business, partly within and partly out of, their own Precinct ;
why, so far as they act within their Precinct, they come under
the class just a ove mentioned ; and so far as they act out of
their Precinct, i.fley come under the principles of the class we
are next to discus.
Now, as to ttut other class of Corporations, which are to act
wholly out of the Precinct or Locality in which they are situated,
they are a singular and curious class. For instance, the state of
New York charters a Corporation located (?) in the city of New
York, to build a Railroad across the Isthmus of Panama, or
a telegraph line on the coast of China, or to conduct some busi
ness in the territory of Montana, or in the city cf Philadelphia.
In any of these cases, there ought to be no difficulty in seeing
the true principles of fairness. By the comity of Precincts,
such as now exist in the United States, and also by express
statute, a charter given by one Precinct to a Corporation that is
to act in another Precinct, should be valid in all other Precincts,
as to the fact of the existence of the Corporation, and the official
character of its officers. But on the other hand, such a Corpo
ration, as to its action in those other Precincts, should have no
Bights of operation whatever, but what are given by the laws of
the Precinct IN which it is acting. And this state of the case
refers us again to Corporations WITHIN their Locality. Be
cause a charter from an outside Precinct, should do no more than
recognize the mere fact of the artificial personality, and real ex
istence, of the Corporation ; but is not thereby bound to, either
allow or enforce, any of the proceedings thereof within its own
domestic Locality; and perhaps, not even in any other Locality
SURVEY. ACCORDING TO TEN CHARACTERISTICS.
than that of the home itself of the said outside Corporation.
The case is just the same as the nativity of an Individual. The
nativity of an Individual only constitutes it a human being, but
does not necessarily give it official or political rights in outside
Localities, only so far as the latter approve of so doing.
(b) Corporations Embracing and Govwning their Localities.
There is a class of Corporations, which exercise only a partial
degree of political or government-power, of a secondary kind,
that is to say, a kind that refers to some one idea or combination
of ideas ; and only derived by express grant from original gov
erning bodies in the Locality. The consideration of those will
be taken up in the Third Main Division of Corporations. We
are now speaking of that kind of Corporations which embrace
their Localities as a idiote, and are the local governing power
thereof. For convenience, they might be called Federations.
The kind of powers which they may rightly exercise, is that
which in general, is now considered as bestowed upon townships,
boroughs, and counties.
Here would be the place to arrange for and treat, "States"
and Large Cities ; if the reader were not satisfied with our
locating them under PBECINCT, Part II. Chap. XII.
But every ordinary form of civil government, whether over a
township, or a confederation, or an Empire of Nations, is a sort
of Corporation of the kind here mentioned, namely, the kind
which governs the Locality which it embraces. But when we
speak in a more restricted sense, only " states" and large cities
would come under this category. But we have already con
sidered these under the head of Precinct, where they more
properly belong : for according to our theory, governmental
Corporations consist essentially of persons disseminated in va
rious inherently political Localities, and can only be considered
as co-extensive with Localities, in the final success of a system
of Corporations.
This class of Corporations might be divided into two kinds :
one of which is positively regarded, by most persons, as a gov
ernment ; for instance, boroughs, counties, towns, &c. The
other of which, is not yet so regarded generally, because they
only perform, here and there, one or more special functions of
government. But the distinction, after all, is hardly scientific
388 BK - IY - CORPORATION. II. II. II.
but popular rather. The consideration of this class will be de
ferred to the Third Main Division. This is the same class which
has been mentioned above, as possessing only derivative powers,
or exercising only derivative functions.
The smaller geographical divisions, do, according to our
theory, possess, not a secondary or granted degree of power;
but original inherent rights, at Jeast especially the smallest of
these divisions; being what we regard as one of the eternal
Units, the Precinct. But the kind of powder which is usually
attributed to them, is merely the power we, in our theory, would
attribute to Provinces, Cities, and what in the American Union
are called " states." The writer's theory of " state rights," knows
of nothing of this higher kind of power in " states," except as
in Precincts or in Nations. The American "states" are merely
incorporated bodies with double charters. In their case, the
charter must be considered as originating from and ratified, both
by the Nation above them, on the one hand, and by the Pre
cincts of which they are composed, on the other hand. In other
words, they are governmental political Corporations, with double
charters.
Very nearly the same principles apply to the rights of large
cities. The intimate providential and balancing relations, which
exist between these Corporations called " states" and cities, were
pointed out when treating of cities, under the head of Precinct :
Part II. Chap. XII.
10. As to Governmental and Political Functions.
The next important classification would be; into Corporations
which are for governmental and political purposes; and those
which are not for such purposes. This division is only mentioned
here, in order to complete scientifically the plan, as it appears in
the analysis, of treating of all kinds of Corporations, in a general
way, in this Main Division. If we were to enlarge upon it, w r e
should have to take up the governmental or political ones here,
also in a general way, before making another Main Division.
But that would make a useless break in the main subject of this
article, namely, the subject of Governmental or Political Corpo
rations ; therefore we place them, both general and special, in the
next, namely, the Third Main Division.
POLITICAL CORP. PRELIMINARIES. CLASSIFICATIONS. 389
MAIN DIVISION III.
CORPORATIONS WITH POLITICO-GOV
ERNMENTAL FUNCTIONS.
SUB-DIVISION I.
PRELIMINARIES.
CHAP. I. CLASSIFICATIONS.
1. Analytical Table, of Politico- Governmental Corporations.
' TREATMENT OF CRIMINALS
ill
LOWER OR DE
RIVATIVE
ORDER; EX
FOR
SINGLE
FUNC
TIONS
COLLECTION OF TAXES
POLICE (AND MILITARY)
CIVIL-EXECUTIVE
JUDICIAL
MAIN DIVISION.
ERCISING
FUNCTIONS
DELIBERATIVE
:
o^o~
UNDER PRES
FOR
CORPORATIONS EX
ERCISING GOV
ENT GOV
ERNMENTS
GEN
ERAL
FUNC
GENERAL ADMINISTRA
TIVE ; NAMELY, FOR GEN
ERNMENTAL AND
^ TTOVS
ERAL FUNCTIONS
POLITICAL FUNC
HIGHER OR- f
y
TIONS
DER; EXER
A MULTIPLICITY. BASED ON ISOLATED
CISING IN
OR SINGLE IDEAS
HERENT
FUNCTIONS:
A FEW. BASED ON A FEW PRINCIPAL
AND BASED
COMBINATIONS OF IDEAS
ON IDEAS
CHAP. II. DEFINITION.
The doctrine of Governmental or political Corporations, stated
in the abstract, is, that there may exist a variety of bodies-politic,
operating upon the same grounds, each attending to its own
civil and political duties. These would be governmental Cor
porations. When these Corporations differ only as to their
functions, we have the First Sub-Division, namely, those which
exercise functions derived from the Governments of Localities.
But when these Corporations differ as to the classes of Individuals
whom they are to govern, each governing its own members, and
letting all others alone, then we have the Second Sub-Division,
namely, those which exercise inherent functions based on ideas.
390 BK - IV - CORPORATION. III. I. IV.
All the objects and functions considered under this general
head, belong to, and may properly be considered as referring to,
all the different kin'ds of Corporations ; and even to the great
Units of society; inasmuch as they partake of the nature of
these. Hence, most of the remarks to be made under this head,
will apply to all Corporations, and partly even, to all other gov
ernment-organs : although the particular organs of society, first
to be discussed, are supposed to have only some of the functions,
and to aim at only some of the objects of government. In other
words, we are now to consider the newly developed special or
gans, that are, from time to time, putting forth, each to accom
plish its own object ; in accordance with the great biological law,
that, the higher we rise in the scale of the development of being,
the more we find, that every different function has its own organ,
specially for its particular purpose. Corporations are the new
organs, which, as governments develop, must be put forth, so that
each function may have its own special organs ; and so that each
organ or each set of organs, may be different from every other
organ or set. But sometimes, one function calls for several organs,
as the perspiring skin has its thousands of pores, and the nutritive
organs have their hundreds of lacteals ; and often, the organs
for each function, come in pairs, corresponding to the duality in
naturei And in a few cases, each function has only one organ.
CHAP. III. GOVERNMENTS SHOULD SELECT RATHER THAN
CREATE THEIR CORPORATIONS.
One important suggestion here is, that government should do
as little as possible towards the direct or actual creation of Polit
ical Corporations ; but do as much as would be consistent with
safety and incorruptness, to induce societies to organize of their
own accord, for somewhat similar purposes. Government should
endeavor to call forth its needed Corporations, rather by encour
aging their formation, than by actually creating them. To carry
this principle into practice, the greatest freedom of forming
Corporations would be indispensably necessary.
CHAP. IV. PROMOTIONS OF CORPORATIONS.
Another suggestion is, that Corporations might be promoted
from one function to another ; but of course, not only in a merely
POLITICAL CORP. PRELIMINARIES. PROGRESSION. 39J
outward or formal way. There is first to be considered, an out
ward promotion, namely, the promotion of a Corporation from
acting for a Precinct, to the office of performing the same func
tions for a larger Locality, or a much higher generality. But
this is not the main promotion we refer to, although it should
by no means be undervalued. But the kind of promotion we
chiefly mean, is one, that elevates to higher kinds of function,
one, that is performed by an inward and living process, the like
of which is not fd'und in any science less spiritual or metaphys
ical than Biology, and only there found, by .close observation,
and in a few cases. For instance, the surplus life-power which
seems, in infancy, to produce growth, does, after puberty, turn
to a power to reproduce its kind. And at a still later age, the
generative power passes away, whilst the life-power is all con
centrated in maintaining the life of the Individual.
And it is not inconceivable, nor even entirely absurd, to hope,
that the time may come, in the case of human Biology, when
this life-power may be turned to complete the perfection, and
perhaps even the undying longevity, of the Individual-man.
Such a hope is, for some reason or other, entertained by the
Prussian naturalist Karl Ernst von Baer, and by J. H. Noyes
and his coadjutors. But, if not the Individual, perhaps the race
may become perpetual, by means of promotions of functions.
It would be presumptuous, to attempt to foretell exactly the
order, in which the promotions of Corporations could take place ;
but we may presently offer some suggestions as to them, in con
nection with the other particulars.
CHAP. V. CORPORATIONS, TO BE PROGRESSIVE WITH THE
PRECINCT.
Although the theory of Corporations is abstract from Local
ity, nevertheless, whatever exists at all, must exist somewhere;
and therefore any actual system of Corporations must have some
Locality, whether that of Precinct, Nation or Whole Earth.
And as, the smaller the Locality is, the more any actually new
system of Political Corporations, wou d be likely to be adopted;
therefore the Precinct-system seems necessary, in order to give
perfect practicability to the Corporations. Nevertheless, a large
system of Precincts is not necessary to precede, because the sue-
392 BK - IV - CORPORATION, in. ii. ir.
cess of the Corporations, in a few select Precincts, might be ac
cepted as a sufficient proof of their practicability in the Nation
as a totality. On the other hand, the highest differentiations of
the Corporation-system, seem to require the pre-existence of the
Precinct- ; so that both systems can only develop together,
which, as Spencer says, is the method of the development of
the sciences generally.
SUB-DIVISION II.
CORPORATIONS WITH DERIVATIVE POLITICAL
FUNCTIONS.
CHAP. I. EXPLANATION.
The class of Corporations we are now to consider, are, first,
those exercising functions derived from political government-
organizations, namely ; those which exercise only a partial de
gree of political or governmental power, of a derivative kind,
obtained by express grant from original governing bodies ; and
to perform some of their functions, which would otherwise be
deputed to government persons or officers. Although the real
difference between these and other Corporations, (subsequently
to be considered), so far as rights are concerned, consists rather
in the first kind being regarded by the people generally, as a
civil government; and the other, not yet so regarded. So that
the distinction of their rights is popular rather than scientific.
Thus, this Division of Corporations, bears the same relation to
Corporations as a whole, that they bear to the Local Govern
ments. This is so, both in their derivative nature, and in their
popular non-apprehension. This division may also be distin
guished from the second, by the consideration, that this is for
functions, and that is for ideas.
CHAP. II. CORPORATIONS FOR SINGLE FUNCTIONS.
1. In General.
Corporations should not act for only one employer or prin
cipal, but each such Corporation should, as far as possible, be so
constituted, that it would perform somewhat similar functions
POLITICAL CORP. DERIVATIVE. SINGLE FUNCTIONS. 393
for a variety of employers or principals, or on its own account
also. This latter condition, in selecting and constituting them,
would be similar in principle to, although different in origin
from, availing, of Corporations already existing for their own
business-purposes. And when this cannot, from the nature of
the case, be done; the one Corporation should be allowed to
fulfill its own peculiar government-functions, for several Pre
cincts or Localities, so far as possible. This creates opportunity
of comparison, on the one hand. On the other hand, a Corpo
ration, if ill used, or if too independent to allow itself to be
used as a political tool, by one Precinct or Locality, may be free
to dispense with the patronage of that one, having other Pre
cincts or Localities, upon which to fall back for employment.
All this is simply introducing the common experience and wis
dom of the business world, into political government.
The full accomplishment of this, requires the constitution, we
have elsewhere maintained, of a large number of small semi-
independent, or State-Precincts ; although most of this principle
might be applied by the present organizations of townships and
counties, if they were not too much given to requiring those
who work for them, to reside in the district of their operations.
For evidently, if, for instance, a police, whether of Individuals
or of Corporations, is to act for several Precincts, it must be
left free from the necessity of residing in its place of occupation.
But what shall we say of the possible application of these
principles, by national governments? We answer; first; that
the principles just set forth, for application by Precincts, may
be applied by Nations, when that national organ called patriot
ism, shall have become a minimum, or shall have been partly
absorbed or divided away, among Precincts and Corporations ;
so that one Nation could trust the Individuals and Corporations
of or from another Nation, to perform some of its political or
governmental functions ; just as Precincts or Corporations now
do; just as the time has passed away (except among Turks and
Chinese, &c.), when a foreigner was thought not fit even to be
trusted with the privilege of a common merchant, much less of
a landholder. But, second, and mainly ; we answer ; that these
ideas are to be applied to national affairs, by adhering to the
principle, but reversing it: just as the mucous membrane is
394 BK - IV - CORPORATION. III. II. II.
one with the outside skin, but is reversed. Instead of one Cor
poration working for several governments, we may need to have
the national government adopting several Corporations to fulfill
the same one function, a plurality of organs, two, if that
bring sufficient comparison; but if not, then as many more as
may be needed. If the functions to be performed are too few
for more than one Corporation in a given Locality, then let
them operate in alternate or neighboring Localities, throughout
some given field.; just as government has policy enough, in the
merely material matters of Railroads, &c., to grant its lands
away in alternate sections, all along the routes ; instead of all
in one Locality, which the road or company might select.
2. For Treatment of Criminals.
The object of the punishment of criminals, is becoming evi
dently more and more resolvable into the object, " treatment of
the erring," and so far as this is true, it is manageable by the
Corporations for the transcendental purposes, namely, Moral
ity, Religion, Charity and Education. The little of personal
spontaneous guilt then remaining, in excess of that which is
generally allowed to run loose in society, would require the in
troduction of an element scarcely yet to be found in voluntary
Corporations. Such an element would therefore have to be de
rived from governments, by special charter, or by some more
express and special grant than the others : and in this case, both
the duties and the restrictions, might be clearly set forth by the
government; and a special acceptance thereof, be required from
the Corporation.
As a basis then, to begin the promotions with, observe, that
some governments have already introduced into the management
of criminals, a considerable degree of the power of the benevo
lent and moral Corporations, (namely, those for Morality, Re
ligion, Charity and Education.) Suppose then, some govern
ment were to try the experiment, in a limited field, of giving
the control of criminal almost entirely into the hands of the
moral and benevolent societies, subject only to the restrictions,
that the criminals should not be turned loose on the community,
without the consent of the political government ; and that the
criminals should not be treated any more severely than "the
law" for prisons allowed. And suppose such experiments were
POLITICAL CORP. DERIVATIVE. SINGLE FUNCTIONS. 395
actually to prove, in the end, undoubted successes ; as indeed
there is hardly any doubt that they would. Here is a basis to
begin with. Then a successful Corporation of that kind, might
be promoted to the function of managing professional paupers.
The managers might be readily induced, voluntarily to under
take the new function, in addition to the old one, by giving them
separate buildings, and separate sub-organizations for each func
tion, at the public expense, of course. Such experiments also,
we have no doubt, would prove stupendous successes, if the gov
ernments would only grant the managers sufficient power. But
we cannot admit that criminals should have the higher or pro
moted order of care, even if it be true that they require more
scientific treatment : because justice must ever be preferred to
merely apparent policy.
The next step would be to select the most successful of these
already promoted Corporations, and relieve them altogether from
the care of criminals, so that they might devote themselves
exclusively to the " unfortunates," and the paupers, and to re
storing them to honor and usefulness. By unfortunates we mean,
the five classes, Fallen women, Habitually intemperate persons,
Paupers, Persons accused of crime but not yet convicted, and
Youths in danger of being involved in habitual crime. And each
of these five classes of persons, should of course be placed in
charge of a diiferent Society. Promotion, as to these five, might
begin with the last named one, and perhaps end with the first
named ; as that is the order of difficulty of the work to be done
in each case. But more probably, the treatment of only one of
these classes would be sufficient, in order to qualify for promo
tion to some higher governmental functions. And voluntary
societies would not be profited by, nor consent to, very frequent
changes of their functions, unless organized for that object.
Those societies which had proved themselves reliable and effi
cient, in the management and reforms, of criminals, and profes
sional paupers, and other unfortunates, would certainly exhibit
and prove a high degree of Legislative, Police, and Judicial
wisdom. We will then pause here, for the present, with their
promotions, and take up another line of thought ; confident of
this at least, that their wisdom and power can be utilized in some
higher forms, whenever we are ready for them.
396 BK - IV - COEPOKATION. Til. II. II.
3. For Collection of Taxes.
As to the collection of taxes ; all persons ought to know, how
difficult it is to ascertain each Individual's share thereof; and
how, by false swearing and other means, much of our taxation
is really, in the end, more of a tax on honesty and veracity, than
it is on the income, importation, or business, of the Individual.
Hence, we need not wonder so much, that Koine adopted the
policy of selling out the privilege of taxation to the highest bid
der ! And the successful bidder would probably be the smartest
man in finding out the real valuation. But we, in modern times,
ought to improve on that method, and even upon our own.
Probably the best method for first trial, would be, to intrust
the whole business of collection of taxes, to those Corporations
that had already obtained a superior and long-established char
acter as financial organs, that is, the Banks or the Trust Com
panies. This would be going to the Physical non-political
elements, selecting an approved organ, and promoting it to a
political function, something in the same manner as we have
just before been considering, in the case of the metaphysical.
And in both cases, there would in time, probably grow out of
the new and promoted society, a division, according to the prin
ciples of the division of labor, whereby, one part would devote
itself entirely to the new function. Even the very evils and
troubles of the combined stages, would hasten the time of the
division, when the old " fogies" would return to their first work,
and allow the new part of the organ to go on more freely with
its own functions.
4. For Police-and-Military Functions.
Our theory does not recognize war very gladly, nor at all,
only so far as war is a " necessary evil," as if indeed it ever
could really be either necessary or expedient at all. Therefore
we must regard the military power, at best, as only a develop
ment from the police, in fact, as a promoted order of police
officers. Hence it is only to a very limited extent, and for a FEW
persons, that we could appropriate into our theory, the idea of
an exclusively theoretical military education. But all that is
good, in the high spirit that prevails among military men, might
be passed over to the police, although not necessarily to all the
present Individuals therein. But, by presenting the idea, that
POLITICAL CORP. DERIVATIVE. SINGLE FUNCTIONS. 397
police services were necessary to promotion in the regular army,
and gradually even requisite to other executive offices; and by
supplying police officers freely, with the preparatory military, and
other executive education, necessary to aid them in those profes
sions ; and by corresponding examinations of fitness, the spirit
and self-respect of the order would be highly raised, and better
classes of men would be drawn into the organization. All this
would happen, by making the outward organization correspond,
as far as practicable, to the inward theory and spirit, by main
taining that justifiable war, and even other executive force, are
only extended functions of police-duty.
The proposition has already been made, to incorporate compa
nies for the purpose of detective police, but we do not know with
what success. But if they be possible, then there might in time
grow out of them, the possibility of military authority being
vested in a Corporation.
5. For Civil-Executive Functions.
Executive functions naturally belong to the police and mili
tary class, although of course, executive faculties are required
and developed by the headship of every department of govern
ment, and of every association. The veto-power is a conglom
erate thing, a mixture of executive with legislative functions,,
and ought to be withdrawn, to have substituted instead of it, a
specified largeness of majority. On this basis, then, there is a
probability that a Corporation could, if required, fulfill execu
tive functions. But, as the Corporation itself must select its
Individuals, the institution and the Individual would both be
performing the same functions, and therefore, it is possible that
Corporations might be dispensed with, under this head.
The principle involved in this argument, is one reason why
a Corporation can never perfectly fulfill all the functions of a
Nation. For a Nation is, in spirit, the executive power of the
sum of all its Localities, namely, its Locality as a whole.
j 6. For Judicial Functions.
In regard to judicial functions, it is not yet easy to see,
how these could be advantageously entrusted to a Corporation,
in any other way than indirectly, namely, as being involved in
the functions of Corporations previously established for other
purposes.
398 BK - IV - CORPORATION. III. II. II.
7. For Deliberative Functions.
Although Legislatures themselves may not be constituted as
Corporations, yet the political bodies who nominate and elect
them, might easily be so constituted. We allude to elementary
spontaneous political organizations. We find in the United
States, spontaneously originated organizations, of every ward
county and state, as well as of the whole country, for nomi
nating and electing candidates. It cannot be doubted that this
vast outgrowth, can be trained in and directed to further pur
poses, and at the same time, be so controlled as to accomplish
those purposes better than they now fulfill their proposed ends.
By refining them into a suitable system of political clubs, we
hope hereafter to show (mainly in the article on Civil Govern
ment and Elections) that this element, voluntary political clubs,
can be turned into the function of direct election of representa
tives, whereby the voice of every Individual would continue to
be heard, each for himself; instead of those organizations only
nominating candidates for a majority representation, and a con
glomerate decision. By thus making the influence and func
tions of these voluntary political clubs, direct instead of indirect,
we afford a chance for some of them to establish, for themselves,
a permanent reputation for political fairness, honesty, and wis
dom, a reputation that might be maintained, generation after
generation.
Supposing, then, a reputation for such a character, to have
l)een sufficiently established, surely it could be utilized some
where, and for some higher end, and in some higher method.
It is too soon yet to see just how, and for what immediate ends,
this utilization should take place. But it is evidently possible,
that out of it, ultimately might grow up a great system of civil
government, by Corporations over their own voluntary members ;
and thereby to that extent, releasing them from the local or gen
eral political governments; just as ancient Rome allowed for
eigners, resident there, to judge themselves by their own laws
and proceedings. More will be said of this, in a subsequent
part of this article. In the character, then, established by such
voluntary political clubs, there is a ground of promoting some
of them to some higher purpose, to be afterwards discovered.
POLITICAL CORP. DERIVATIVE. GENERAL FUNCTIONS. 399
CHAP. III. CORPORATIONS FOR GENERAL FUNCTIONS.
1. Classifications.
If it were not for the fact, that in the United States, the terms
general administration apply to the National government, this
class ought to be called Corporations of General Administra
tion. These are the last and highest kind the world has yet
seen, of political Corporations, as denned by their objects,
namely, those for General Administration. These, though apt
to be confounded with the executive office, are entirely different;
for they combine and exercise several, or all, the different func
tions of government, the different kinds above mentioned. But.
the last named class, namely, those for deliberative functions,
might possibly be included under this more general head, be
cause the deliberative function relates to all the others, and even
relates to itself also : like the power of thought, which studies
thinking, as well as other things.
This class, for General Political Administration, readily passes
into that of Corporations embracing and governing their Locali
ties ; but must be distinguished also from them. They, we
found, were cities and states ; they derive their origin partly
from the Localities in which they exist ; and are so intimately
connected with the Precincts which they include, that they
belong rather to the head of Precinct, where we have placed
them, than to Corporation. But these Corporations we are now
speaking of, namely, those for general political functions, do not
necessarily correspond with the Locations which they govern,
nor do they derive their authority from them. The British East
India, and Hudson's Bay, and Dutch East India, Companies,
are instances in point ; so also, are the colonization-companies
of various ages. These colonization-companies, after becoming
permanent in their adopted Locations, gradually pass over into
Corporations actually embracing and governing their Localities.
But the two are not, on that account, to be confused, any more
than the citizenships of two different countries should be con
fused by an Individual changing his citizenship from one to
another; nor, for instance, than Normandy must be confused
with England, by William of Normandy becoming King of
England.
400 BK - IV - CORPORATION. III. II. III.
2. Uses.
The function of general administration, is more suitable to
a Corporation, than any single function ; because, as has been
already said, that element is the best type of civil government ;
which, in all forms, is a kind of unartificial Corporation consti
tuted by nature, in general, and especially in the United States.
History helps us more with examples of this kind, than with
those that exercise only one political function. In fact, both for
the formation of new settlements, and for the government of
permanent colonies, History shows, how much better and more
successful, the plan of Corporations is ; than either the plan of
direct home-government, or of deputy governors, or of private
action and Individual enterprise. If the United States had
conducted its settlements in the West, on this principle of Cor
porations, all the blessings of civilization might have been car
ried steadily forward, with the settlements. Indian wars might
have been prevented, the Indians themselves absorbed in the
Corporations ; and by preventing the immediate and irritating
causes of the Southern Rebellion, that great war itself might
have been prevented.
3. Genesis.
Let us premise here, however, that, even if we fail to show
the practicability of, or the methods of, producing and culti
vating Corporations for general political purposes; it would
still be very premature to suppose, that they never could be
cultivated or produced : for, perhaps it may not be possible, to
point out how the combined organizations can be developed,
until after the Corporations for the various special and ele
mentary functions before mentioned, shall have been separately
produced. For, as has been said in the Introduction, the true
science of society, cannot go very far in advance of the progress
of the foremost phases of society itself.
The Corporations that we have already mentioned, would, by
their variety, and their promotions, have produced the men and
the methods, from which might be selected the various elements
to form these Corporations for general administration. Those
previous ones, should also have produced the wisdom and the
disposition, for the successful combination of the elements. It
is scarcely to be expected of this high kind of Corporations, that
POLITICAL CORP. DERIVATIVE. GENERAL FUNCTIONS. 4Q1
they could be formed, like some that have already been mentioned,
namely, by the direct combination of pre-existing organizations.
Perhaps, for this high kind of Corporations, all that can be ex
pected from the previous ones, is, the men, the dispositions, and
the ideas.
It is possible, that sometimes these Corporations might grow
out of a combination of the developments of Insurance and
Police, that is to say, Corporations might be entrusted with
governmental powers, by undertaking to insure the public against
Individual losses, either from their own errors, or from rogues ;
and by assuming the expenses and duties of the detection of
criminals. But of course, to be balanced by leaving their pun
ishment or treatment, to the organs that should approve them
selves capable of those separate functions ; and of course, not to
be judges in their own cases, or even in cases involving similar
Corporations.
The actual realization of a Corporation of this kind, involving
as it would, the exercise of combined functions, would require
and presuppose, that there should be a union of two separate
organizations ; one of which, should have grown up from a fully
approved insurance organization, and the other from a fully ap
proved police Corporation. Then, nearly all that would remain
to do, would be to get them to combine, in one business or in one
function. I do not know whether the analogy for this, that is for
the combination of two organs into one, can be found in physical
biology. The combination of sex might be compared, but that
is in reality metaphysical, so far as we yet know. And in meta
physical objects, we can find other and ample analogies, as of
ideas and feeling and will, uniting into one mentality.
The very idea of voluntary governmental Corporations, seems
to have originated with the religious element of human nature :
the religions of most countries and of all ages, having sponta
neously .embodied themselves in organizations tantamount to
Corporations.
The perception, but misunderstanding of this truth, is what
has induced some writers, to charge the religious element with
producing caste, and secret associations, in ancient times. But the
general principle really budding into existence, could not be un
derstood until the true theory of Corporations became manifested.
26
402 BK - IV - CORPORATION. III. III. I.
The Corporations of the Catholic church, in Catholic coun
tries, developed them pretty fully ; but politico-religious Corpo
rations of all ages, have been conducted chiefly for the protection
of religious officials, rather than of the people, excepting, how
ever, the Catholic "communities" or recluse-houses. Perhaps
therefore, the religious element of hjiman nature, may develop
such Corporations, especially when at work in recluse association.
Either the churches themselves might ultimately receive again,
as in former ages, a restored power over their own members ; or,
if it be necessary to retain perpetually the distinction between
the religious and secular powers, the churches might give rise to
other Corporations which would exercise such functions, -just
as they have given rise to their respective Bible, Tract, Mission,
Hospital, and Poor, Societies. It is also possible, that the Tem
perance, Masonic and other such Societies, might produce such
Corporations for political purposes.
SUB-DIVISION III.
CORPORATIONS WITH INHERENT POLITICAL
FUNCTIONS.
CHAP. I. NATURE OF THIS SUB-DIVISION.
1 . Justification of the Speculative, and the Abstract.
Many of the ideas of this division, especially of the first parts
of it, are very abstract; and AS YET, our direct interest in it
may arise chiefly from the true love of theory or scientific spec
ulation. In this division we have found but little aid from
books, and but little encouragement, other than the love of the
study, and the necessity of this Sub-Division, to complete a har
monious view of the whole subject, together with moral faith
in the necessity of some higher Corporations than now exist;
and in the ultimate usefulness of speculative reasoning, to lead
to them. The love of intellectual and systematic beauty, is just
as entrancing to scientific theorists, as music is, to its amateurs
and devotees ; but with the additional consciousness, that the
scientific beauty LEADS CERTAINLY TO HIGHER TRUTHS.
POLITICAL CORP. INHERENT FUNCTIONS. NATURE OF. 493
For thus adhering to the speculative, rather than the imme-.
diately practical enjoyments and uses ; and, to the abstract con
ceptions, rather than to the concrete organizations, we appeal
for further justification, to Comte, (Pos. Phil., p. 810-812.) Of
the division " between speculation and practice," he says : " In
all the six provinces of knowledge, we find the first condition of
mental progress, to be, the INDEPENDENCE of theory ; as no con
ceptions could have been formed, if the theoretical point of view
had been inseparable from the practical. We see, too, how both
must have entire FREEDOM, the theoretical spirit, to retire into
its condition of analytical abstraction ; and the practical, to oc
cupy itself with specialities. If either repressed the other, the
consequences would be fatal to progress. A priori considera
tions are very efficacious, if wisely instituted and conducted ; but
the first condition of their utility, is, that when applied, * * *
they should be applied by the practical spirit, in each concrete
case."
" The division between the two kinds of contemplation, the
scientific and the aesthetic, is much less disputed, (though it is
less marked) * * * through the fundamental relation which
connects the sense of the beautiful, with the knowledge of the
true : * * * Art affording to Science, in return for a secure basis,
not only intellectual solace and moral stimulus, but much reactive
aid in perfecting its philosophical character."
"A more modern, but wholly indispensable division, remains
to be noticed ; that between abstract and concrete science. * * *
Scientific progress has been guided by it for two centuries past ;
for, as we have seen throughout, concrete science, or natural
history properly so called, could not be even undertaken, till
abstract science was instituted, in regard to all the orders of ele
mentary phenomena concerned ; every concrete inquiry involved
the combination of the two ; * * * and it is therefore not sur
prising, that the great scientific speculations between Bacon's
time and ours, have been of an abstract character, the concrete
speculations during the same interval, having been necessarily
impotent. * * * The simplest, most general, and highest point
of view, attainable by the philosophical spirit, has been reached
by a gradual process of abstraction ; discarding, first, practical
requirements, then aesthetic impressions, and finally, concrete
404 BK - IV - CORPORATION. III. III. I.
conditions. In the simplest cases, even those of astronomical
phenomena, we have seen that no general law could be estab
lished^ while bodies were considered in their collective concrete
existence; from which it was necessary to detach a leading
phenomenon, and then to subject IT to abstract examination,
* leaving all apparent anomalies to be reduced to principle
afterward. * * * The maintenance of the division is necessary
here, for the same reasons as in regard to the two others, under
the penalty of laps-e into * * * confused views and desultory
speculations : * * * and if this seems to remove the theoretical
view too far from the practical, there will be a compensation, in
a superior generality, testifying to the necessity of the political
and philosophical separation, * * * as the basis of modern reor
ganization." " These/' (namely, Speculative, Scientifico -aesthetic,
and Theoretical,) " are the three stages of successive abstraction,
the combination of which, determines the gradual institution of
the positive method ; in a spontaneous manner at first, and
afterward systematically. * * * The method is neither more nor
less than, a philosophical extension of popular wisdom to abstract
speculation." This latter thought and explanation of science,
has been adopted also by Spencer, and elevated into a high posi
tion by him.
Here I may mention a singular coincidence between my three
divisions of Political Corporations, and the foregoing divisions
of Comte's. We (the writer) had already divided the remaining
part of this article, as it now stands ; and afterward (as is our
usual course) sought authorities and quotations in other writers,
for miscellaneous supports; and in that seeking, we made the
foregoing extracts from Comte. And, w r hen we came to search
for the best place wherein to locate them, and not till then, we
observed the coincidence, namely; our First Main Division
of Political Corporations is derived directly from the Practical,
by the Speculative interest; the Second Main Division was pur
sued for the sake of the Scientifico-resthetic enjoyment, and also
for the scientific necessity for it, to complete the subject artist
ically; and the Third Main Division is pre-eminently abstract,
and is our main THEORY ; and might properly be called THE
THEORY OF A NATION OF CORPORATIONS ; which, indeed, was
the heading we formerly gave to it.
POLITICAL CORP. INHERENT FUNCTIONS. NATURE OF. 4Q5
2. Relation to the Other Elements or Parts.
This kind of Corporations, as possessing inherent political
functions, and based upon ideas, includes all the kinds treated
of in the foregoing Division, as only special cases under it, or
at least it would do so, as soon as it was legally acknowledged.
Because it is conceivable, that either of the foregoing special
functions, namely, Treatment of Criminals, Political actions,
Collection of Taxes, Police, Civil-Executive, Judicial, Legis
lative, or General administrative might at times become the
special object, the accomplishment of one or another IDEA of
which, might be adopted by some Corporations as their basis
of organization. Hence, the investigation of these Corporations
based on ideas, is an investigation of general formulas, contain
ing all the others incidentally, and without requiring any further
special allusion to them. A partial exception to this, is the last
one of the former Division, namely, that for General Political
Functions. That is the connecting link between the Lower and
the Higher order of Political Corporations, and could, without
much violence, be placed in either.
This Division, namely, Corporations for General Political
purposes based upon ideas, differs from the Political Clubs
treated some pages above, partly in this, that the clubs are in
cluded under this latter, it being by two grades the more general
head; and partly this, that the ones we are now about to con
sider, would require a pretty thorough reorganization of society;
but the clubs as before proposed, are only a variation in the
method of choosing representatives to the usual political nom
inating and legislative bodies. And moreover, the present
Division points out a multiplicity of new organs, for performing
the new functions, which organs, the progress of Mankind is
continually calling upon society to put forth. But this Division
resembles the political clubs in one thing, namely, that one prin
ciple of its institution is, to allow to all persons, perfect freedom
in ttyeir Individual-relations thereunto; namely, for instance,,
to allow to all persons the same freedom in choosing and in
changing their political government, according to their own
views, that they now have, of changing their church, their party,
or other corporate relations ; excepting, of course, that considera
ble time and notice might bo required, before changing from one
406 BK - IV - CORPORATION. III. III. I.
such political Corporation to another; and that the fulfillment of
past obligations should be required.
3. General Statement of the Theory.
This whole Division, of Corporations possessing or entitled to
inherent governmental or political functions, is based upon the
principle of ideas, namely, that Individuals might form and
select their Corporations, according to one or more particular
political ideas MOST approved by them, and make such ideas
the basis of the structure.
As is mentioned below, it would be theoretically possible, for
governments to organize by Corporations, almost to the exclu
sion of local divisions, su that the local divisions of a govern
ment (whether Precinct or Nation) might almost be replaced, by
divisions of organizations based upon different degrees of gener
ality in the scale of sociological ideas. And then, from this
condition of things it results, that such Corporations, as a whole,
might displace distinct Precinct and National civil governments,
and the congress of their national union might become the
Unit, identical with Nation : although, such extended application
is not necessary to the principle itself. And out of these, again,
it is conceivable as possible, that international societies might grow
up, that would leave almost as little for Confederations to do, as
the former arrangements had left to the Nations; and as little,
also, for the local government of an empire of the whole earth,
if any such should ever be formed.
Such a transformation of the government of a Nation or Pre
cinct, from a congeries of local centres, to that of a system of
Corporations, founded on voluntary and spontaneous selection,
would be a change as great in the social world, as the spiritual
Regeneration is in the Individual-world. And if there could
be added an equal transformation of all the national govern
ments of Mankind, into Corporations, the change would be
almost as great socially, as the Resurrection is to be, individ
ually. This is suggested merely for the sake of illustrating the
abstractness and generality of the principle. Because every
degree of the Corporation-system, rightly introduced, would pro
duce its proportional amount of wonderful transformations.
Some of us are looking and hoping for a return of the days,
when all the residents of a Locality would again be of ONE
POLITICAL CORP. INHERENT FUNCTIONS. NATURE OF. 4Q7
church : but instead thereof, or before that comes, we may look
and hope for the time when the civil organizations will follow
the example of the churches, re-form themselves spontaneously;
and all men voluntarily choose their governmental Corporations,
as they now choose their churches.
We suppose then, the possibility, that (for most purposes),
government might prescribe a certain SMALL NUMBER OF KINDS
of associations, and require every man to join one of every
kind; yet allowing in each class a no-government association,
for dissenters of that class; also allowing the females, either
altogether, or, of every class, when in sufficient proportions,
to form separate Corporations. And the representatives of the
whole Locality, Nation, or Precinct, of each association, on each
subject, should or might be the legislature to decide questions,
and enact laws, on that subject, (in accordance of course with a
suitable constitution).
The representatives of any lower division, in coming into
a higher or more general one; might, in some cases, have to
rearrange themselves ; so that when, in some districts, the sub
division of any one class, had been multiplied beyond that pro
vided for in the higher division ; two or more such sub-divisions
would have to unite into one. And on the contrary, the repre
sentatives from a lower division, coming into a higher, might
sometimes be entitled to sub-divide, in order to meet a greater
multiplicity already established in the superior order, although,
in this case, it would seem to be the part of duty and wisdom,
for the lower division to know and foresee this result, and
therefore itself choose its representatives in or for the proper
sub-divisions.
4. Classifications.
This sub-division of Corporations, presents two entirely differ
ent kinds, or sub-sub-divisions. The first one of such kinds would
exist, by establishing in every Locality a separate Corporation,
based upon, and to take cognizance of, every SINGLE different
important idea, object, or civil relation, coming under the regu
lation of civil law. The conception of this kind is necessary,
because the instincts of personal association and of civil govern
ment, give rise to local divisions, which are a sort of Corpora
tions for local purposes; just so, the love of ideas impels, so
408 BK - IV - CORPORATION. III. III. I.
that every important idea of human beings, can, as has been
said, be taken up by Corporations, and then the Corporations
could arrange themselves according to their views of that idea.
These we call Corporations based on Single Ideas.
The other kind, or sub-sub-divmon, would exist by establish
ing in each Locality, only a few Corporations ; each one of which
should be based upon some popular or natural COMBINATION
of ideas ; and should take cognizance of all, or nearly all affairs,
usually or properly coming under civil law, relating to those
ideas.
We will take up the first kind, first, after finishing these
classifications ; and leave the second kind to occupy us most of
the remainder of the time.
We might, to be sure, present other divisions, some of them
intermediate between these two. One intermediate division is
conceivable, which being based on single ideas, would yet take
cognizance of all affairs. But this would evidently be a stretch
ing of the applications, indefinitely beyond the principle in
volved, or the basis built upon. Another intermediate division
is also conceivable, which, being based upon a combination of
ideas, would have cognizance only of the affairs of the several
ideas upon which it was based. But this division scarcely needs
a separate treatment, as it would not differ from the First one
mentioned, and to be treated ; except in merely ascertaining the
combinations of ideas that would probably be popular. More
over, the agreement of men in a combination of most important
political ideas, is something more than a factj it is a strong
presumptive proof of general agreement in political affairs,
sufficient to constitute them into a harmonious body-politic.
Both the foregoing intermediates are therefore omitted from
any special treatment in our general investigations. But their
principles are treated in the sub-divisions given.
Again, we may suppose two different systems of Corporations
on ideas : in one system, every Individual would be a member
of only one Corporation : in the other system, every Individual
would be a member of several.
Again, whether the system adopted be, for each person to be
a member of many Corporations, or, of only one, in either
case, there are two principles of organization : by orie princi-
POLITICAL CORP. INHERENT FUNCTIONS. NATURE OF. 4Q9
pie, government would prescribe the variety of choices, namely,
of single ideas in the one case, or of the combination of ideas
in the other case : by the other principle, Individuals would be
left free to select for themselves, the variety of choices.
Again, organizations on ideas, whether of the first sub-sub
division, or of the second ; and of whatever kind or system ;
could arrange themselves in their relation to Locality, or could
generalize themselves, in either of two ways. In one way, all
the Corporations in a given Locality, whether Precinct or Na
tion, might co-operate in a government for the Locality. In the
other way, all the Corporations of one ideal, or on one basis, in
many Localities, might unite in a system of gradations, such as
is common in various societies ; and then the union of the highest
ones of these special Corporate organizations, might constitute
the local government for the whole.
These two ways of organization give another division, namely,
into two kinds of Corporations, according to their ways of organ
ization. Both kinds may be conceived of, as having the same
general relation to one another, as Social Circle, Precinct and
Nation have, to each other; understanding these relations as not
based chiefly on ties of locality or geography, but, on principles
or ideas: so that the more general the -Corporation, the less
special its ideas.
But whichever way, or whichever of the two kinds of organ
ization, we may take first, to rise in the generality, the top organ
ization reached at last, is precisely the same in either case, namely,
the civil or political organization of any Precinct or Nation, or
of Mankind, in such a way, that the Land's or Earth's local or
natural supreme civil power, and the supreme Corporation,
would be identical. And the same is true also, of either of the
divisions we have named above.
This unity of the last result in highest generalization, may be
seen, by adopting a general formula, whereby to express both
those divisions, and both these kinds of organizations at once ;
as follows. Both divisions and both kinds, are those which
make up a government, by bringing into combination, in any
one Locality, (ranging from Precinct to Mankind), all the
various political Corporations in it, of the same class or kind.
Here, is a combination of Corporations, in and for the govern-
410 BK - IV - CORPORATION. III. III. I.
ment of a Locality, the generalization and combination of
Corporations carried so high, that nothing remains that is more
general, or that could include them. Thus, they become the
political administration itself, of their LOCALITY, whether Pre
cinct, Nation, Other Corporation, or Mankind.
5. Methods of Political Expression.
From the great variety of methods, which the varied combi
nations of the foregoing* might produce ; perhaps the following
four are the principal ones, by which Corporations might be
allowed political expression.
One method would be, to allow every Corporation of what
ever kind, to have, in some new or special department of gov
ernment, a voting power in proportion to its membership, or in
some other uniform proportion prescribed by government. By
this method, a man would have more or less power, according as
he belonged to more or fewer Corporations. And IDEAS AND
OBJECTS, would have more or less preponderance in the govern
ment, according as they were embodied in more or fewer Corpo
rations. Then the science of such a Society or Nation, would
be, so to arrange the number and proportion of these different
objects, and of the associations based on them, that the resultant
would produce the most fair and equable constitution.
A second method would be, for government to prescribe a few
convenient kinds of Corporations, such that every man would or
might belong to one of every such kind. This would directly
equalize the political power of Individuals therein, because all
persons would be represented in an equal number of ways.
A third method would be, for government to prescribe some
one particular kind of Corporations, of such a kind that ordi
narily no man would be apt to belong to more than one of that
kind ; for instance, as the faculty of a college, &c.
The churches would make the best Corporations of this kind,
IP they would abstain from efforts to control each OTHER, or
to get a preference, one over another. Political clubs, such as
were established in France in the time of the Revolution, might
answer, if of a kind, of which it is not likely a man would
be a member of more than one. And as there might be some
persons who would have refused to be enrolled in any of these
prescribed Corporations ; all such persons should be enrolled as
POLITICAL CORP. INHERENT. OX SINGLE IDEAS. 41]
members of the one non-government Corporation, which there
fore should be allowed its share of political power also, in some
manner afterwards to be determined.
A Fourth method would be, for government to allow every
man to select and designate what Corporation he desired to be
enrolled in, as THE ONE in which, if accepted by it, he desired
to exercise his amount of the political influence of the corporate
kind. For instance, one man might, for this purpose, desire to
be enumerated in the church, another might prefer to be enu
merated in some college, and another, in some moral or benefi
cent society. This plan seems to be the fairest, if men could be
prevented from fraudulently having themselves enrolled in more
than one Corporation for such purposes, (or in more than other
men were enrolled in for such purposes ; because, it might be
best to allow all men to choose two or more such Corporations).
The class of Corporations to which these complicated ques
tions relate, we make a second sub-sub-division of; namely,
those Based on a Few Chief Combinations of Ideas.
CHAP. II. FIRST SUB-SUB-DIVISION : CORPORATIONS BASED ON
SINGLE OR SEPARATE IDEAS.
1. Specimens of the Ideas.
The more special and concrete the idea is, upon which each
Corporation bases itself, the more numerous must the Corpora
tions become, in order to include the whole range of important
human ideas. Of course, therefore, we can only give a few
specimens. Let us then particularize, by adducing, merely as
instances, some special ideas that might probably be made the
bases.
One basis for each Individual to select his or her Corporation
by, ought to be the particular shade of opinion on the subject of
war or fighting, a voluntary Corporation for persons of each
shade of opinion, from the absolute non-resistants, to the lovers
and worshipers of force, violence and riot.
Another basis or principle on which each Individual could
select his or her own Corporation, might be, its laws and
sanctions of the Family constitution, including marriage and
divorce : the Corporation, to administer said laws, and to guar
antee the maintenance of the Families needing help, if any.
412 BK. IV. CORPORATION. III. III. II.
Perhaps such Corporations would be better than churches, as the
bases, when these churches were without any special Family-
idea as one o/ their doctrines. They can be conceived of as
providing for all shades of opinions, from no divorce whatever,
down to divorce for almost any cause, a voluntary Corporation
on each idea.
Probably the most suitable basis for women, and the one most
likely to be adopted by them, for their Corporations, if they
were to vote, would be some certain or uncertain ideas of the
Family-constitution, in its relation to property; but of their
future action, perhaps men can only "guess" !
, In short, all the prominent social and political ideas, might be
adopted, by different persons, as the bases of their political or
ganizations ; perhaps as many as 1296, as will presently be shown.
The usual basis for virtual societary Corporations now, all the
world over, is social position; making virtual Corporations of
Social Circles. Yet there are but few men who regard this ele
ment as so preponderating, as to require its enumeration among
the one-idea bases, such as we are just now considering. But it
comes up as a natural sub-division, into perhaps three kinds
(among the occupations), as presently to be mentioned. But
women would be apt to introduce Social Circles into greater
prominence (as divisions) than men would.
2. Assumption of Fixed Localities.
To investigate in a thorough and abstract way, the great mul
tiplicity of possible Corporations based upon ideas, would require
a Calculus almost equal to W. R. Hamilton's " Quaternions."
Therefore, we must get more into the concrete, even in this
very general division. At any rate, we must assume the LOCAL
ITIES to be fixed or given, so as to bring the calculation into
homogeneity with our two elements of Precinct and Nation.
Otherwise, we should have to express the theory in the sixth
power, namely, in terms general enough to include all the Six
Units ; and even indefinitely higher, because Corporation, un
like Mankind, does not consist of any given number of funda
mental social elements, but is susceptible of any required number.
Whereas, the two just named, are enough for us, and the branch
of Quadratics, or second power, is about as high as it is useful
for us freshmen and tyros in social science, to go on with.
POLITICAL CORP. INHERENT. ON SINGLE IDEAS. 413
Therefore, to make the calculation practicable ; we suppose
that the various Corporations, in forming themselves into organ
izations of rising degrees of generality, rise in order of supe
riority, collaterally or correspondingly Avith the local divisions.
For instance, we have every particular trade or craft, forming
itself into a Corporation for its craft purposes. Then, we have
the Corporations of the different crafts, forming into " unions/'
to help each other, and thus spontaneously repeating the princi
ples operating in the formation of the American Union of States.
Just as the various Temperance and Free Mason societies, and
the churches, in fact, generally do. Here then we arrive at
some solid ground. Our Six Fundamental Units appear rising
up out of chaos.
Hitherto our article on Corporations, has been rising in ab
straction and generality, higher and higher, like a balloon ; but
here it enters its descending node, and commences to diminish
its exponents in the series, and becomes more and more special,
concrete, and practical.
3. Statement ; with Fixed Localities.
Thus it is conceivable, that by any of the foregoing methods,
based upon single ideas, a whole Nation might gradually come
to arrange itself fully into civil Corporations, correlative with
all the Localities; so that every citizen and every Family, would
be members of some kind or class of Corporation, and so that one
person could be a member of only one, or some given number,
of such, -just as he now can be a citizen of only one Nation,
State, District, or Precinct; and yet every person select his or
her own Corporations, by means of the multitude of different
kinds existing everywhere.
In case it was deemed best to keep the Local and the Corpo
rate governments distinct, even in the highest generalization,
the constitution of any Locality, whether Precinct or Nation,
might perhaps be subject to the revision of the joint ballot, of
all the representatives chosen by all these associations, or of del
egates selected, in their due proportions, from all, (representing
minorities fairly, of course.)
It is even conceivable, that the variety of Corporations might
be so great, that each Individual would only need to be a mem
ber of one. But, although it is possible to conceive of such sys-
414 BK - IV. CORPORATION. III. III. III.
terns of Corporations, yet they are at present impracticable ; for,
the differences of human opinions, feelings, prejudices, interests
and so on, are too great to allow of the generality of Individuals
finding the satisfaction of all their earnest, political hopes and
ideas, in any one, or even in a few organizations, based on single
ideas, without multiplying the organizations in every location,
almost indefinitely. Hence it becomes necessary to enter, in a
subsequent division, into some complicated calculations for a
reasonable and satisfactory, yet ATTAINABLE variety, of Corpo
rations, for each Individual to select from.
CHAP. III. SECOND SUB-STJB-DIVISION : CORPORATIONS BASED
ON A FEW CHIEF COMBINATIONS OF IDEAS.
1. Nature of this Sub-Sub-Division.
All that has gone before, in this whole article on Corpora
tion, is to be considered as partly introductory to this which we
are now commencing to treat. This is so with the First and
Second Main Divisions ; also with the First and Second Sub-
Divisions of this Third Main Division ; also with the first Sub-
Sub-Division of this Second Sub-Division. The pith of the
matter, and the greatest and highest practical object regarding
Corporations, in Social Science, for this and the next age, is to
consider investigate and find, a few principal combinations of
ideas, that will answer as the bases for voluntary governmental
organizations ; and, to consider, how best to enable them to per
form their various functions.
This Sub-Sub-Division, we formerly headed, "Theory of a
Nation of Corporations." But subsequently we found it neces
sary to change the heading, in order to show the connection with
the former class, namely, those based upon single or isolated
ideas. One of the most general of all political speculations, now
tones down into a practicable theory, accompanied with due at
tention and regard to all the possible needs, wants, and actions,
of Mankind.
In the former Sub-Divisions, we came down from the exceed
ingly general conception, of all possible Corporations erected on
ideas, to the variety of possible ones, corresponding with Units
of Locality. Just so again, we come down now, from these
latter, to only a small and definite number ; although we do not
POLITICAL CORP. INHERENT. ON COMBINED IDEAS. 415
propose to determine absolutely, what that definite number shall
be ; nor exactly, their bases, but only illustrations thereof.
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